A lesser-known aspect of the U.S. Immigration and Customs Enforcement (ICE) raids and operations are what are termed as "collateral arrests." Esther Valdes-Clayton, an attorney specializing in immigration matters, explains that a collateral arrest occurs when ICE agents apprehend immigrants who weren't initially the main targets of an operation but happen to be present during the intervention. These individuals may not have pending deportation orders, yet their irregular immigration status makes them susceptible to detention when spotted by ICE.
Key Rights During a Collateral Arrest
In a conversation with Telemundo 51, Valdes-Clayton emphasized that despite the fear and uncertainty an ICE intervention may provoke, undocumented immigrants are still entitled to constitutional rights in the United States. These rights include:
- The right to not open the door to ICE agents unless they present a judicial warrant signed by a judge. The document must specify the name of the person sought, along with pertinent details and the address.
- The right to remain silent and not provide any information without their attorney present.
Risks of Living with Other Undocumented Immigrants
The expert cautioned that sharing a home with other undocumented individuals can heighten the risk of a collateral arrest, especially if someone in the household has a criminal record or a prior deportation order. "If you share a house with someone who is also undocumented, it's important to be upfront and honest with that person. If you know they have a criminal record or a deportation order, you are more exposed if you live with someone who has already been deported," she noted.
Guidelines to Be Prepared
Valdes-Clayton offered several tips to help immigrants protect themselves and better cope with these situations:
- Always carry important documents, even for those who have a green card or permanent residency. If you have filed a petition with USCIS, it's advisable to have copies of the receipts to demonstrate you are in a legal process.
- Obtain a letter of legal representation. If you have an attorney, it's beneficial to have a letter confirming this. In case of detention, present it to the officers indicating that all communication should go through the lawyer. Clearly state, "I have legal representation, and I do not wish to speak with anyone."
- Never present false documents. The attorney stressed the importance of honesty and acting according to the law, avoiding reliance on unlicensed notaries or advisors.
- Consult a lawyer if you are in the process of legalization. If you have an upcoming court date or an ongoing immigration process, this might help halt a deportation process. Valdes-Clayton advised those who believe they might legalize their status in the country to consult with a licensed immigration attorney to evaluate their case and obtain proper legal representation. This could be crucial in complex situations like a collateral arrest.
Essential Information About ICE Collateral Arrests
What is a collateral arrest by ICE?
A collateral arrest by ICE occurs when agents detain individuals who were not the primary targets of an operation but happen to be present at the scene. These individuals are often apprehended due to their irregular immigration status.
What rights do immigrants have during an ICE intervention?
Immigrants have the right to not open the door without a judicial warrant, to remain silent, and to not provide any information without their attorney present during an ICE intervention.
How can immigrants prepare for potential ICE operations?
Immigrants can prepare by carrying important documents, obtaining a letter of legal representation, avoiding false documentation, and consulting with a licensed immigration attorney if they are in the process of legalization.