Here is the worst nightmare For 11 million undocumented immigrants in the United States: To be detained in their home by immigration Custom Enforcement (ICE) agents. Many undocumented immigrants in the US live in the shadows and with the constant fear and uncertainty as to what could happen to them, as it happened to me on an early day in November. It’s a horrible feeling some immigrant’s feel and many wonder: does one have any rights to stop an arrest by an ICE agent even if the person is undocumented? Can an ICE agent prepare ahead of a person in advance for the possible apprehension? The answer is yes! Even if someone is undocumented, the laws of the United States allow an undocumented immigrant to be able to stop an arrest. If immigration agents arrives at the persons’ house, It is important for that person to do the following 4 things that may allow a person to not be arrested by ICE agents and better yet the possibility of not getting removed from the US:
1. Seek the legal assistance of an immigration lawyer in advance. Don’t wait for the last minute or a raid: it is always advisable to have legal help in advance.
2. Before opening the door to any immigration officer, ask them to identify themselves and whether they have a warrant signed by a judge? The US Constitution requires (although there are some exceptions to this) a federal agent to have a valid warrant to perform a search and seizure in a person’s home
3. Have a legal power of attorney in the event the person is detained, that way the person being arrested will be able to have another person to take care of his/her matters including management of property such as assets, cars, bank accounts and property.
4. Ask the immigration agents for a valid and signed copy of the arrest warrant and request a lawyer to be present during the arrest.
Following the above mentioned steps do not mean an undocumented immigrant may automatically stop his or her possible arrest, however it could give that person being apprehended a chance to stop his arrest by ICE agents and possibly also stop his deportation.