ICE Home Raids Are Serious – and Sometimes Illegal

You may have heard stories of how Immigration and Customs Enforcement (ICE) agents sometimes raid private homes in warrantless raids in an effort to aggressively enforce immigration policies. The stories have folks pretty frightened – and rightfully so. But we know that the key to overcoming fears is looking at the facts, and knowing your rights can help you if ICE comes knocking on (or flying through) the door.

As you probably know, ICE enforces immigration laws within the United States. ICE agents often team up with local law enforcement officers in order to round up those who they suspect are in violation of immigration laws. They have been known use intimidation, coercion and force in entering people’s homes.

An article in the Huffington Post tells the story of an ICE raid on a home in Atlanta where officers tricked the people inside in order to get them to open their doors without a search warrant, so that they could detain people slated for deportation. Once they got inside the home, they detained a woman and her two daughters.

Do You Know Your Rights as an Immigrant in the U.S?

The Fourth Amendment to the U.S. Constitution strictly forbids law enforcement to intrude on a private home without a warrant, and these protections extend to non-citizens as well. Without a warrant issued by an impartial judge, the resident must give voluntary and knowing consent before an officer can enter the home. An ICE officer using tricks or force to enter a private home is not consent. If ICE comes to your door:

• You are not required to open your door unless they can produce a warrant with your name on it
• You are not required to answer their questions without an attorney present
• You are not required to sign any document without first consulting with your immigration attorney

It is important that you know your rights so that you do not live in fear or feel intimidated if ICE officers should visit your home without a warrant and demand entry to your home. Every human being who is living in the United States enjoys the protections afforded by the U.S. Constitution. In their aggressive attempts to enforce immigration law, ICE officers can sometimes lose sight of this fact. We want to make sure that you know what your rights are, in case an officer tries to trick you into letting him or her in your home without a warrant.

If you have questions about your rights while you are living in the United States, or about the process for becoming a permanent resident in Tennessee, we invite you to contact Knoxville immigration attorney Patrick Slaughter at LaFevor & Slaughter to schedule a consultation to discuss your case today. We help immigrants and their families when their rights have been infringed upon, and we can help you, too.