If you find yourself detained by any law enforcement agency, including ICE, it’s important to remain calm and remember that you have rights. Here are key steps to follow:
1. Remain Silent: You have the right to remain silent. Refusing to answer questions is not a crime and can be your best course of action until you have legal representation.
2. Document the Encounter: You are allowed to record and document the interaction. This can be crucial for protecting your rights.
3. Inquire About the Reason for Detention: You have the right to know why you are being detained. Ask for clear reasons.
4. Refuse Unwarranted Searches: Unless they have a warrant, you have the right to refuse searches of your person and belongings.
5. Contact Legal Help: You can contact an attorney or inform a family member about your detention. Having legal representation is crucial.
Although U.S. citizens are not legally required to carry identification, in practice, law enforcement may detain you if they have reasonable suspicion. To avoid prolonged detention, it’s wise to carry proof of your citizenship, such as a digital copy of your birth certificate, naturalization certificate, a copy or the actual passport, or a REAL ID.
If your citizenship is confirmed, ICE must release you, as U.S. citizens are exempt from immigration laws. However, if you find yourself still detained, contact a civil rights attorney immediately. Document everything that happened during the detention and consider filing a complaint if you believe the detention was unwarranted.
At Saavedra & Perez Law, we are committed to providing you with the necessary support and guidance. You belong here.