Immigration Enforcement FAQs
In the United States, immigration enforcement is primarily conducted by Immigration Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP.) These agencies focus on apprehending non-citizens who have violated the immigration laws in the country and removing them. In recent months, there has been great confusion about the authority these officials have, the rights of the people they approach, and more. Below, our Atlanta deportation defense lawyer provides the answers to the questions we most commonly hear.
Do I Have to Allow ICE Agents Into My Home?
You are not legally required to open your door for ICE agents unless they have a valid judicial warrant. You can ask them to hold the warrant up to the window or pass it under the door. Often, ICE officials only have administrative warrants. If an agent shows you Form I-205 or Form I-200, this is not a judicial warrant and you are not required to let ICE agents into your home.
What is the Difference Between a Judicial Warrant and an Administrative Warrant?
Judicial warrants are signed by a judge and ICE officials must present evidence showing they have probable cause an individual has committed a crime or is going to commit a crime. Judicial warrants give immigration officials the authority to enter your home and conduct a search of your property. Administrative warrants, on the other hand, do not have the same requirements. These warrants are internal Department of Homeland Security documents and do not give ICE agents authority to enter your home without your consent.
What are My Rights if an ICE Agent Stops Me?
If an ICE agent stops you outside of your home, you have the right to remain silent. You do not have to answer any of their questions regarding your immigration status or your place of birth. Simply state that you are exercising your right to stay silent. You can also ask for an Atlanta deportation defense lawyer, as you have the right to an attorney.
Can ICE Come to My Place of Work?
ICE officials can legally enter the public areas of a business. However, they cannot enter private areas that are for employees only, such as bathrooms or break rooms. The only exception to this is if they have a valid judicial warrant or they have obtained the consent of the owner.
Do I Have to Show Documentation?
Unless you are a United States citizen, you must carry proof of your legal immigration status on you at all times. While you have the right to remain silent if approached by immigration officials, you are required to show them proof of your status if you are asked.
Should I Work with an Immigration Lawyer in Atlanta?
Yes. If you are the target of U.S. immigration enforcement measures, it is critical to work with an Atlanta deportation defense lawyer. For a consultation to discuss your needs and case, please call Shirazi Immigration Law, Inc. today at 404-523-3611. We serve clients in Atlanta, Moultrie, and Dalton, GA and Chattanooga, TN.
