Remember Your Rights

Things to know before ICE knocks

Federal officers detain a man in Chicago last year. (Photo courtesy of Wikimedia Commons)

Watching news and social media with violent images of federal Immigration and Customs Enforcement (ICE) officers detaining people or worse in cities such as Minneapolis and elsewhere has prompted many to ask what they can do if ICE officers are seen in their neighborhood.

Already, there are increased reports of ICE arrests in parts of Seattle and surrounding cities such as Burien and Kent. The deportation flights continue at King County International Airport-Boeing Field in Georgetown and recent reports indicate ICE might lease office space nearby in Tukwila.

It all leads to a sense that ICE officers could surge into Seattle at some point, but there are no confirmed reports of that plan at this time. 

Here are some resources and information you can use to better know your rights and what to do if you encounter an ICE agent. (Gazette writers are not lawyers and nothing here should be construed as legal advice.)

Remember Your Rights

1st Amendment: Covers the right to document and record ICE officers in public and businesses if you don’t interfere with an arrest. Also means a person can verbally object to their presence or even call them names.

4th Amendment: Covers right to deny law enforcement entry to your home or private area of a business if they do not have a warrant signed by a judge. (“I do not consent to a search.”) You do not have to open the door to your home. If you already opened the door, go outside and shut the door behind you. You can refuse warrantless searches of your body, home, and car. 

5th Amendment: The right to remain silent means you do not have to say anything or answer questions that might be used against you or someone else. You also do not have to sign anything without an attorney present.

The reality is the federal officers may not respect your rights. Record what happens if possible so it can be used as evidence later.

If You See an Arrest

If you witness an ICE detention, try to get the person’s name, country of origin, and "A number" before they are taken. Ask if you can call someone for them. Document what happens. Call WAISN’s hotline (844) 724-3737 (Mon–Fri, 6 am – 6 pm). If someone else is recording, make noise to attract more witnesses. Blow a whistle if you have one. The reality is an arrest could happen very quickly. Do what you can safely.

If You are Arrested

Assert your right to speak to a lawyer. Contact your consulate for help. Request a bond hearing. If you fear returning to your country, say it loudly and clearly often. Ask to call a family member or friend to arrange child care or call into work. Report any medication or health conditions. 

There are many online resources with more detailed information. Here are some:

Washington Immigrant Solidarity Network: waisn.org

Washington Neighborhood Defense: linktr.ee/waneighborhooddefense

Seattle Immigrant Rapid Response Program: seattle.gov/iandraffairs

Northwest Immigrant Rights Project: nwirp.org

National Immigration Law Center: nilc.org

ICE-Free Zone Toolkit: www.greatforallcid.com/neighborhood-defense-toolkit

American Civil Liberties Union: aclu.org/issues/immigrants-rights