Universal Declaration of Human Rights, Article 12: No one shall be subjected to interference with his privacy, family home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against suchinterference or attacks. International Covenant on Civil and Political Rights, Article 9(1): Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention.
All immigrants living in the United States have human rights protections that guarantee freedom from arbitrary searches and arrests, regardless of one’s citizenship status. However, many immigrants in the U.S. have these rights violated.
Latino immigrants and citizens have been met with immigration raids across the country which has led to many wrongful detentions of adults and children. Immigration and Customs Enforcement detains nearly 250,000 men, women, and children every year. Often with the help of local law enforcement. The number of detention today is three times as much when compared to the numbers in the late 1990’s. ICE has also increased worksite raids in the last few years. There has been a sevenfold increase from 500 to 3,600 between 2002 and 2006.
Furthermore, many immigrants are arrested even if judges have not reviewed their guilt or innocence. Also, in 1996, Congress passed the Antiterrorism and Effective Death Penalty Act and the Illegal Immigration Reform and Immigrant Responsibility Act, which allows for the detention of immigrants, even those who have legal status, prior to receiving a full hearing in front of a judge.
It is important to be prepared and to know your rights and your family’s rights in case of a raid or other encounter with ICE or local law enforcement.
Remember to:
Stay calm
Remain silent, or tell the ICE agent that you want to remain silent. If you do speak, do not lie.
Ask to speak with a lawyer
Do NOT sign any documents or answer questions without your lawyer present
Record details and names of officers