What Are Your Rights if ICE Comes Calling?  A Guide

Maura Keene February 21, 2025 0
What Are Your Rights if ICE Comes Calling?  A Guide

Photo: US Customs and Immigration Enforcement Public Domain Archives

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Residents’ Immigration Rights Under Federal Government Executive Orders: Information Presented at the Meeting of the Community Safety and Social Justice Committee, February 12

This meeting was held on Zoom and was recorded.

Community Safety and Social Justice Committee (CSSJC) member Everald Henry, an attorney who deals with immigration issues, spoke to the CSSJC on February 12, about the Trump administration’s slew of executive orders. He noted that the wide-ranging orders span public and private entities and especially target Diversity, Equity, and Inclusion (DEI) efforts. Even though these orders are not law, in that Congress has not passed them, they can be enforced through withdrawing funding. 

Residents who are undocumented immigrants are especially vulnerable to deportation by Immigration and Customs Enforcement (ICE) officials. 

Henry stated that ICE works in Massachusetts jails, so that if someone in custody is undocumented, ICE will issue a detainer for that person, allowing agents to pick that person up as a fugitive from justice with no right to bail. An attorney can delay the deportation process, but those charged for illegal immigration are not entitled to a state-provided attorney, because immigration is not considered a criminal matter. If a person wants to challenge detention/ deportation hearings or asylum hearings, they need to hire an attorney privately.

Henry stressed that no one is required to speak to immigration officers, and people should be mindful that, for the most part, “they are not going to be one your side.” One can say, “I do not wish to speak with you without the presence of an attorney.” Like any other situation where one is being detained, agents have to comply with the law. Henry reiterated, “You have the right to remain silent, because anything you say will most likely be used against you. You do not have to sign any documents, and you do have the right to contact an attorney.”

He also emphasized that like any law enforcement officer, ICE representatives need a valid warrant signed by a judge to enter a home. They cannot just announce that they are from ICE, but need to produce a signed warrant that identifies your name, your information, and the reason for them to be at your house. It needs to be clear whether it’s a warrant for detention or a warrant for a search.

Henry advises anyone who is trying to help someone who is undocumented to not interfere with an ICE operation, because they can be arrested as well. He urges people to be mindful to not put themselves in jeopardy. Also, because ICE is a federal agency, agents do not need to detain you in Massachusetts, but can send you to any federal detention facility. 

He advised vulnerable people to have conversations with family and friends, so they are aware of what to do if anything happens to them. Also, he cautioned people about giving money to people who say they can help with immigration paperwork if they are not lawyers or certified by the Justice Department immigration staff, because there are a lot of people saying they can help, and the reality is they’re going to take your money and not help. “Do your research, ask questions,” he said, and noted that there are legitimate immigration centers in Massachusetts and available resources (see below).

He also warned that there are certain things called moral turpitude, such as drug possession, that make you deportable, even if you are a lawful permanent resident. “Even if you have a green card, it does not mean that you’re 100% secure, because there is such a thing as conditional residence, that is,  there is a time period that you have to be under a kind of probation. If you do certain things, Immigration Services can revoke your green card.” He added that if someone with certain crimes on their record and a green card wants to apply for citizenship, they should consult with an attorney first to understand whether they need a waiver and whether they can get a waiver, and if there is anything you can get from the local courts that helps your case.

Immigration Resources
Henry especially recommends the Red Cards, available in 19 languages. These are free, wallet-sized information cards that summarize your rights if you are approached by immigration officials. Henry ordered 500 cards to distribute around town. People can also print their own cards.

To find information about someone who may have been detained, he recommends the ICE Detainee locator site, although the information may not be updated regularly.

Immigration Resources

The following resources are available on the Human Rights Commission website. 


Warning: many of these organizations are working at, or beyond, capacity. If you can’t get to one, try another.

Urgent Preparation/Preparing for Safety Now
Recursos para hispanohablantes. Por favor, desplácese hacia abajo

After You Are Detained

Town of Amherst (& Nearby) Specific Resources

Local Information Centers

Local Legal Resources

General Legal Resources

Documentation

(Chinese) 部分无身份证件的受害者可能有资格获得： 

General Resources on immigration

Recursos para hispanohablantes (Spanish Resources)

Preparación Urgente/Preparación de Seguridad Urgente

Centros locales de información para inmigrantes

Recursos legales locales

Recursos Legales

Documentation

Local and State Organizations That Urgently Need Volunteers

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