In my column This week's Consulta Migratoria® answers the question of an undocumented immigrant who wants to know what to do if immigration agents arrive at his place of employment.
Each case is different and the answers vary depending on each person's immigration history.
Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before starting any procedure.
I am living and working illegally in the U.S. What should I do if immigration agents raid my place of employment? -Silvia M.
Silvia, the federal government periodically conducts investigations and raids at businesses they suspect employ undocumented workers. As we saw this week, U.S. Immigration and Customs Enforcement (ICE) conducted raids at nearly 100 7-Eleven stores around the country and arrested more than 20 people.
Every person living in the United States has constitutional rights. This includes undocumented persons. If ICE visits your place of employment, agents must have a valid search warrant or obtain consent from your employer to enter private areas of the business.
Keep calm
It is extremely important to remain calm during an immigration raid. Do not panic and do not run away, as you may be identified as an undocumented alien trying to flee. If you are afraid and feel the need to leave, try to walk calmly toward the exit.
If an immigration officer stops you, ask if you can leave. If he says no, you should not try to escape or resist arrest.
Keep silent
If you are asked questions, you have the right to remain silent and not answer the immigration officer's questions. For example, you do not have to tell your country of origin or how you entered the United States.
It is very important that you communicate clearly to the immigration officer that you wish to remain silent so that they stop asking you questions.
You are under no obligation to answer questions. Also, you have the right not to show foreign identity documents.
If the agents try to group employees by immigration status and ask you to stand in a group according to your immigration status, you do not have to do so. If you do, and you are undocumented, you are confirming that status to the agents. In a similar situation, another option is to stand in an area that is not designated for a particular group - even if you are alone.
Remember: you should never lie to an immigration officer or present false documents.
You have the right to speak with an immigration attorney and your consular representative.
You should make it clear to the immigration officer that you wish to speak to an attorney or consular officer. Insist on your request until you are allowed to communicate with these people who can help you.
Do not answer questions from agents if your attorney is not present and do not sign legal documents unless you understand the contents and your attorney authorizes you to do so.
Silvia, you are in a delicate situation. Do not wait until you are caught in a raid. Visit an immigration attorney as soon as possible to determine if you qualify for any immigration benefits that will allow you to live legally in the United States. If you are eligible, it is best to begin immigration proceedings immediately.
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