What should an undocumented person do if detained by ICE?

In my column This week's Consulta Migratoria® offers advice to the undocumented community about their rights if they are detained by ICE.

This is the column:

News of arrests by U.S. Immigration and Customs Enforcement (ICE) agents has undocumented immigrants in a state of alert and panic.

ICE representatives insist that they continue to focus on undocumented immigrants with criminal records and those who are already in deportation proceedings and have no legal avenue to remain in the country. But we have seen some cases of arrests that do not fall within these parameters.

Be aware that if a person cannot legally be in the United States, immigration authorities have the legal power to detain and deport them.

But also keep in mind that undocumented immigrants have certain rights if ICE agents come to their home or are detained on the street or at work.

What should you do if this happens? Here is a list of tips.

If you are at home and ICE knocks on your door:

1. Do not open the door.

2. Ask to see the court order. You can ask them to slide it under the door so you can read it. If they don't have it, you don't have to open the door.

3. Remain silent. Do not answer questions and do not say what your country of origin is or how you entered the United States.

4. Do not sign any document they give you without first talking to a lawyer. They cannot force you to sign anything. If they insist, resist and insist on talking to a lawyer.

If ICE arrests you:

1. Remain silent. Do not answer questions and do not say what your country of origin is or how you entered the United States. But if you do speak, do not lie to the ICE officer.

2. Do not show any kind of document proving that you are a foreigner.

3. Do not, under any circumstances, show false documents such as green cards or work permits. If you do, you will be providing proof that you have participated in the falsification of documents in violation of the law.

4. Ask to speak to an immigration attorney. If you are undocumented, I recommend that you identify a trusted attorney now, so that you have his or her information and can contact him or her if you are arrested by ICE.

5. Do not sign any document without first speaking with an attorney who can explain the contents of the document and how it may impact you if you sign it.
6. Ask the immigration officer to schedule your case for hearing at the immigration court in the city closest to where you live to avoid being transferred to a distant location.

Consult immediately with a licensed and experienced immigration attorney or federally accredited representative to see if you have a path to stay in the country legally. Do not go to notarios, immigration consultants, paper fillers and multi-services.

If you have children, it is very important to have everything in order in case you are arrested. Consult with a family lawyer in the state where you live to plan and leave a power of attorney for a person you trust to be the legal guardian of your children.