What Are Your Rights If You Are Approached By An Immigration And Customs Enforcement Agent?

On Feb. 13, Florida Gov. Ron DeSantis signed bill SB 2-C into law. The legislation, which aligns with the Trump administration’s crackdown on illegal immigration, increases penalties for crimes committed by undocumented immigrants and allocates nearly $300 million toward illegal immigration enforcement.

“This budget means that police officers will be essentially becoming additional ICE agents,”  said Dariel Gomez, the Miami-Dade organizer for the American Civil Liberties Union of Florida.

According to Sandra Fish Mathurin, the director of services for the Florida Immigrant Coalition, students told her that ICE agents were seen at Homestead Campus a few weeks ago. 

But Alejandro D. González, the interim vice president of marketing and communications at Miami Dade College, told The Reporter via email on March 8 : “We have not [had] ICE agents at Homestead Campus.” 

The Reporter reached out to ICE’s Miami Field Office and Office of Public Affairs via phone and email, but no response has been provided.

In response to the national immigration crackdown, justice organizations have created the “Know Your Rights” movement to spread awareness of how to proceed if someone is approached by ICE agents.

It includes guidelines, free legal assistance, presentations and “Red Cards”—small cards that contain the basic rights every person is entitled to.

Here is a summary of some of the organizations tips:  

ON CAMPUS

Although ICE agents can conduct interrogations in open spaces of an MDC campus, you have the following rights:

• Right to remain silent: If an officer questions you, you may ask if you are free to leave. If the officer says no, clearly state you are exercising your right to remain silent.
• Right to refuse a search: No police officer can search you without your consent or legitimate cause. 
• Right to legal representation: If detained, you have the right to request a lawyer and make a phone call. Do not sign any documents or discuss your situation with anyone other than a lawyer. 

WHILE DRIVING

• Stay calm and pull over safely.
• Lower your window and keep your hands visible.
• Provide your driver’s license, vehicle registration and proof of insurance when requested.
• You are not required to answer questions about your immigration status or nationality.

AT HOME

• Remain inside your home. Do not allow officers to enter unless they have a warrant signed by a judge. 
• If officers say they have a warrant, request that they slide it under the door to verify its legitimacy.
• Ask the officers to identify themselves and show their credentials through a peephole or window.
• If officers enter your home, do not resist or run. 

In every situation, it’s crucial to maintain composure and proceed with caution.

“We will discourage [people] from running, because that can give law enforcement officials cause to pursue you, and it can also put you in potential danger,” said Evelyn Wiese, a litigation attorney for Americans for Immigrant Justice. 

Planning ahead and accessing available resources is also essential.

Americans for Immigrants Justice and the Florida Immigration Coalition, both non-profit organizations, have been actively advocating against deportation operations. 

Florida Immigrant Coalition hosts public “Know Your Rights” presentations every Wednesday, virtually or in-person, at 561 N.E. 79th St. Suite 400. The sessions offer free legal advice and help attendees develop action plans. 

“The overall goal is one, to break fear,” Fish Mathurin said. “When people are equipped with those resources, they’re able to live their life and continue to do what they need to do.” 

Additionally, the ACLU  will be tabling from 11 a.m. to 2 p.m. in the courtyard next to Student Life at Eduardo J. Padrón Campus, 627 S.W. 27th Ave,  on March 12, providing information about the immigrant rights movement and volunteering opportunities, according to Dariel Gomez, the Miami-Dade organizer for ACLU.

The list of rights in case of an encounter with an ICE agent used in this story was compiled from multiple sources including: FLIC, ACLU, American Immigration Lawyers Association, Raise Coalition and Tallahassee Democrats.

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