Staying and working in the United States as an undocumented individual is not always easy, and the future is unclear. Some of the concerns that many immigrants have are the consequences that they are likely to face once someone has reported them to ICE. This article explains how it works when ICE receives information and outlines the rights and available options for undocumented immigrants.
Can I Get Deported If Someone Tips Off ICE?
So, yes, there is always a danger of deportation even if the person reporting the undocumented immigrant is a vindictive neighbor or an employer with a grudge against the immigrant. Nonetheless, it remains vital to note that immediate deportation occurs as a result of such a tip without any formality or legal procedure.
What Will ICE Do After Being Tipped Off?
ICE agents are required to evaluate each tip they receive individually. They follow a policy known as “Prosecutorial Discretion,” which involves a thorough examination of the person’s circumstances. This assessment includes factors like their history of responsible work and family life in the U.S., as well as their family ties to U.S. citizens.
The underlying principle of Prosecutorial Discretion is to prioritize the allocation of government resources toward individuals who have committed crimes, pose security risks, or are otherwise negative influences on U.S. society. Consequently, ICE may choose not to initiate removal (deportation) proceedings based on the information provided in the tip.
Does ICE Act on Tips From the Public?
One crucial factor to consider is that ICE does not have unlimited resources to act on every tip they receive. Therefore, they may decide to ignore some tips due to resource constraints. This element of chance plays a significant role in determining the outcome.
If ICE decides to take action, it may result in the arrest of the undocumented immigrant and/or their family members. Typically, these arrests occur at home, often during the night when family members are more likely to be present. However, arrests can also happen in other locations, including workplaces or public areas. It’s worth noting that ICE sometimes avoids sensitive locations such as schools, hospitals, places of worship, and courthouses, but not always.
What Rights Do I Have If ICE Stops Me or Approaches Me in Public?
Regardless of your immigration status, the U.S. Constitution grants you certain rights when interacting with ICE officers. It’s essential to remain calm and composed during such encounters. Here are some key rights you should be aware of:
Right to Ask About Freedom
You have the right to inquire whether you are free to leave. If the officer states that you are not free to leave, you have the right to remain silent. Clearly and loudly express your desire to remain silent if you choose to exercise this right.
Refusal to Show Identity Documents
While you may refuse to show identity documents indicating your country of origin, it is crucial never to lie or present false documents, such as counterfeit green cards or Social Security cards.
Consent to Search
If you have not been arrested by ICE, you are not obliged to consent to a search of your person or belongings. However, an ICE agent who suspects you may have a weapon may conduct a pat-down search.
Right to an Attorney
If ICE arrests you and takes you into custody, you have the right to contact and speak with an attorney. You should refrain from signing any documents until you have consulted with an attorney. It’s important to note that the U.S. government does not cover the costs of your attorney’s services.
Access to Pro Bono Attorneys
You can request information from the immigration officer about pro bono (free or low-cost) attorneys who may be able to assist you. These attorneys can provide valuable legal guidance during your immigration proceedings.
Contacting Your Home Country’s Consulate
You also have the right to contact your home country’s consulate, which may offer assistance with minor administrative matters, such as locating your identity documents.
What Happens After an ICE Arrest?
Following an arrest by ICE, you are likely to face charges related to your deportability. In most cases, you will be released on bond and provided with a Notice to Appear (NTA). This document outlines the charges against you, typically stating that you are in the U.S. unlawfully, and specifies a date for your initial court appearance, known as a Master Calendar hearing.
If you believe you have defenses against deportation, you can request a full court hearing at a later date, referred to as a “Merits Hearing.” Potential defenses may include a fear of persecution in your home country that could lead to an asylum claim or marriage to a U.S. citizen.
What Happens to Children If ICE Arrests Their Parents?
Unfortunately, ICE’s track record in ensuring the well-being of children in such situations has been inconsistent. Parents need to prepare their children by informing them about what to do and who to contact if a parent is not at home as expected. Consultation with an immigration attorney before such circumstances arise can also be beneficial, as it allows you to plan and designate someone to act on your behalf.
In conclusion, the prospect of deportation after someone tips off ICE is a source of significant concern for many undocumented immigrants. Understanding your rights and options in such situations is crucial. This article has provided valuable insights into the process that follows when ICE receives a tip and the legal rights you retain. For personalized guidance and assistance, it’s advisable to consult with an immigration attorney who can navigate the complexities of immigration law on your behalf.
