If agents from U.S. Immigration and Customs Enforcement (ICE) come to your home or workplace in Chicago, remain calm and, if at home or in a public workplace area, request a warrant that a judge has signed before permitting entry and detention. It’s also crucial to contact an immigration attorney to discuss your rights and exercise your right to remain silent until you can speak to your lawyer.
For help with an immigration case and preventing deportation if ICE detains you or a loved one, contact the Chicago immigration lawyers at Cho Immigration Law by calling 312-853-3088.
What Are Your Rights If ICE Comes to Your Home in Chicago?
According to data from the Department of Homeland Security (DHS), ICE had arrested over 3,300 individuals during Operation Midway Blitz in the Chicago area as of late last year. As ICE’s shift in enforcement under the Trump administration continues, it’s important for individuals to know their rights if ICE comes to their home or workplace.
If you see ICE agents at your home, you have rights that you can assert to prevent an unlawful arrest.
The following are some of your rights and actions to take when encountering ICE at your home:
- You do not have to open the door. Instead, ask for a warrant signed by a judge, as ICE agents cannot enter a home without an official warrant, and an ICE form with ICE agents’ signatures does not serve as a warrant.
- You have the right to remain silent. If ICE detains you, you do not have to speak with them or other officers. However, you should make it clear to officers that you wish to practice your right to remain silent until you speak with an attorney.
- You have the right to refuse a search. Do not consent to ICE officers searching your home, vehicle, or other belongings.
- You have the right to legal representation. You also have the right to ask for an attorney, which is essential if ICE detains or arrests you, as an attorney could further inform you of your rights and provide representation.
Keep in mind that ICE will not appoint an attorney, making private representation essential to obtain legal protection.
What Happens If ICE Comes to Your Workplace or Job Site in Chicago?
ICE may also visit your workplace to detain you or make an arrest, but agents’ ability to do so will depend on the type of environment and the circumstances of the arrest.
If you are in a public area of your workplace, such as a lobby or another open area, ICE may be able to detain and arrest you even without a warrant if they believe the person is in the country unlawfully and may attempt to leave the U.S.
Conversely, if ICE attempts to detain or arrest individuals in private spaces, like private offices or areas where only employees are allowed, agents will need a signed warrant before they can make an arrest.
What to Do If a Family Member or Coworker Is Detained by ICE?
If you or a loved one is detained or arrested for a visa overstay or another reason in an ICE home raid in Chicago or a workplace arrest, or if a coworker is detained by ICE in your workplace, there are steps to take that can protect your rights and help navigate the detention process.
1. Know the A-Number
You, your loved one, or friend will have a designated A-number that starts with A followed by nine digits. ICE can provide this number when making an arrest. This number will likely also appear on immigration documents.
2. Locate the Family Member or Friend
If a family member or friend is detained, you can visit the ICE website to locate the person and find out whether he or she is currently detained and where ICE is holding that person. You can search for individuals in ICE’s system by entering either the A-number, the person’s birth country, or biographical data.
3. Contact the Detention Center
After locating the individual, you can reach out to the facility to schedule a visit or call with the detainee. Depending on the facility, you may be able to visit the person at the location or make a video call.
You can also communicate with facility staff to set up a phone account for the detainee, which would allow that person to call you as needed. You may also be able to send funds or buy basic food items and other necessities to the detainee.
4. Document the Case
To help build an immigration case, you must collect as much documentation as you can. Documentation could include details about the ICE raid and what happened throughout, along with immigration applications and information about the detainee.
Other evidence that could support an immigration case might include affidavits proving probable cause, police reports, ICE documents, warrants, and sentencing documents.
5. Contact an Attorney
Before attempting to take legal action, consult a deportation defense attorney in Chicago if the detainee has neglected to hire one already. A lawyer can inform you of your legal rights during deportation, collect critical documents if you are unable to obtain them, and possibly help build a case in the detainee’s favor.
Ultimately, a good lawyer could help prevent removal and deportation by showing how ICE has acted unlawfully or otherwise determine that an arrestee or detainee is eligible to remain in the U.S.
Connect With an Experienced Chicago Immigration Lawyer
Whenever an ICE raid occurs in Chicago, it’s best to speak with an attorney as soon as possible. The right lawyer can represent individuals on their behalf to communicate with ICE, local law enforcement, and others involved in an immigration case to protect immigrants when held in a detention center and pursue a case.
If you would like help with an immigration case if ICE comes to your home or workplace, the legal team at Cho Immigration Law may be able to help. Contact us today to schedule a consultation with one of our lawyers.
FAQs
Do I have to open the door if ICE comes to my home?
You do not have to open the door for ICE agents if they knock on your door at home. ICE agents must have a warrant with a judge’s signature before they can enter a person’s home and make an arrest. While ICE agents may show you an ICE form with ICE officers’ signatures as a “warrant,” this form does not grant agents entry into residents’ homes.
Can ICE arrest me at work without a warrant?
ICE agents can make an arrest in a public area of a workplace, like a lobby, without a warrant if they believe that an individual is in the U.S. unlawfully and likely to leave, but they cannot make an arrest without a warrant in private employee-only areas like offices or break rooms.
Should I contact a Chicago immigration attorney if ICE detains me or a loved one?
It is in your best interest to contact a deportation defense lawyer in Chicago if ICE detains or arrests you or a loved one. A reliable attorney could inform you of your rights and defend them, provide representation during hearings, and help mitigate the risk of deportation and removal.
