What To Do if ICE Goes To Your House

Contact a Deportation Lawyer Pasadena

You hear the dreaded knock on your door, and you know ICE has found you. What do you do? Believe it or not, everyone, even undocumented immigrants have constitutional rights within the United States. How do you respond to a knock at the door? First, you should know that you have no legal obligation to open the door for them. Unless they have a

valid search warrant that a judge signed, they can't enter your home. You must verbally agree to let them in, and we don't advise that you do this.

What If They Do Have a Search Warrant?

Any immigration lawyer in Los Angeles will tell you that if the officers say that they have a warrant, ask them to slide it under the door or hold it up to the window for you to see it. In this way, you can look at the details of the search warrant. Here's where you have to pay attention. Ask any immigration lawyer in Los Angeles, and they will tell you how if the warrant doesn't contain your correct details or it hasn't been signed by the judge, you have no legal responsibility to let them into the home.

It will take roughly a couple of hours for the officers to go back and correct the warrant. They will have to check it and check it a second time to make sure. Provided things don't go smoothly, it can take up to three hours. What happens if police enter the premises under the wrong search warrant, or they enter without a warrant altogether? Provided that you didn't give your permission for them to enter, this can render any evidence gained against you as null. In other words, they can't use it in court. You will still want to hire a deportation lawyer Los Angeles firm to get a better understanding of these things.

Don't Answer Questions

Any deportation defense attorney Los Angeles law firm will tell you to please exercise your fifth amendment right. No good can come from talking to the police because as soon as you start talking to them, you have already begun building a case against yourself. Call your deportation lawyer Los Angeles law firm to get further assistance. They exist for the express purpose of defending you adequately in the courts. Your removal proceedings immigration lawyer Los Angeles will look at every tiny law and thing that might help your case.

When the immigrant doesn't go through the expedited removal process, they will leave through a more traditional means. In these cases, you may have a right to challenge the removal to a federal court. Get a good deportation defense attorney Los Angeles law firm, and the proceedings could take anywhere from several months up to a few years. In particular, it takes longer because of how there's a big backlog of these cases, which makes it take longer.

What Defenses Could You Use?

First, you could argue that you aren't removable as they have charged. At one of your first court hearings, the judge will ask you to admit or deny the factual allegations, and in almost every case, your removal proceedings immigration lawyer Los Angeles will advise that you deny the allegations and contest the charges. As long as you have not agreed to the charges of removal, the Department of Homeland Security has a responsibility to show enough evidence that they can remove you. If they can't show enough evidence, you will be allowed to stay in the country.

Let's say that you are an undocumented immigrant. Most likely, the Department of Homeland Security can remove you, but now the burden of proof falls on them to prove it. If they make a legal misstep in the process, you have a fighting position against their charges. For example, maybe they can't show the documents to prove that they can remove you. If they don't have evidence, the judge will close your case. Now, if the Department of Homeland Security does provide evidence, you can still file an application for relief from removal.

In some cases, you might qualify for relief from the removal process in the following scenarios:

  • Asylum
  • Family-based adjustment of status
  • Withholding of removal
  • Deferred action
  • Cancellation under Violence Against Women Act

What to Do if Police Violated Your Rights

Some people think that undocumented immigrants have no constitutional rights, but in fact, they do have rights, and just because they're an illegal immigrant doesn't give them the green light to be abused. For anyone who believes that their rights were violated, they should write down everything that they can remember. Some of the information to write down includes:

  • Officer badge number
  • Patrol car number
  • Agency officer from
  • Witnesses

If you were injured, you should seek medical attention and take photos of the injuries with a time stamp on them. You will file a written complaint with the internal affairs division. Under most circumstances, they let you file the complaint anonymously.

Know Your Rights

When you know your rights, officers have a fine line that they have to tread. You have a right to remain silent and not further incriminate yourself. You also don't have to let them come into your house without a search warrant. While police with an arrest warrant can legally enter the home if they believe the person is inside, a warrant for removal and deportation doesn't allow them to enter the home. They still need consent: Keep that in mind.

Whenever dealing with ICE, remain calm. Never lie or provide them with false documents because they will find out and use this against you in the courts later. You don't want to dig your hole any deeper. In addition, never flee from an immigration checkpoint because this endangers lives, and if you get caught, the courts will go much harder on you.

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