A few weeks ago, on another blog, we answered general immigration questions. One of the questions that we received the most on our social networks and in phone calls received by the office, was in relation to what the rights of an immigrant if immigration officials appear at their home. In today's blog, we will be explaining what the best steps are to follow if at any time you find yourself in this situation.
If for any reason, an immigration officer shows up at your home and demands that you open the door, you as an immigrant have rights, regardless of your legal status. In the first place, never open the door. Ask the immigration officer to show you the arrest or search warrant. An arrest warrant can be issued by ICE (Immigration and Customs Enforcement), and a search warrant can only be issued by a judge. If the immigration officer does not provide you with an order, you do NOT have to open your home to him, nor does he have the right to enter it. When you receive the order, make sure that it has your name, your address, and the authorized signature. If the order does not contain these particulars, return it to the officer and indicate that it is invalid.
There is certain information that you should know regarding orders. If a warrant is for an arrest, the officer does NOT have the right to search the home. If the officer provides you with a valid arrest warrant, DO NOT authorize the officer or officers to enter your home. If you do so, you are giving consent for them to enter your home and make a search. If you DO NOT give this consent, the immigration officer cannot enter your home. It does not matter if the officer threatens you, or if he is pointing a gun at you, if the officer does not have a search warrant issued by a court, the only way they can enter your home is if you consent. This is important, because other people who do not have legal status in the country may be living with you, and who may be arrested if you give consent to enter the house.
If the officer starts asking you questions, DO NOT answer them. You do not have to answer questions without being in the presence of an attorney. In the same way, if the officer asks you to show him your documents, you do not have to show them. Avoid providing information about the country where you were born. Do not lie to the officer either and say that you are an American citizen or that you were born in the United States, if this is not the case, because pretending to be an American citizen could have serious consequences in your immigration process. If you are going to give any information, give only your name, this way your lawyer, or your family can locate you.
During these situations, it is very important that you remain calm and collected. Any mistake you make can have consequences in your immigration process. If you have any questions, ask for a lawyer, and avoid answering if it is not in the presence of one.
If you need help with your immigration process, or if you or a family member is in a detention center, call us today. The first consultation is free. In Y. Morejon Attorney, P.A. We work your immigration case individually and we give you the personalized attention that your case deserves. Here, your problem is our problem.
Legal Disclaimer
Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.