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If US immigration agents arrive suddenly? 'Don't open the door, exercise your right to remain silent'

From Hankyoreh · () Korean

Translated from Korean, summarized and contextualized by DistantNews.

At a glance

News Named sources Context piece
  • US immigration authorities (ICE) are increasing enforcement actions, leading to heightened concerns for immigrants, including Korean residents in the US.
  • Experts advise against opening doors to ICE agents without verifying their identity and a judicial warrant, emphasizing the need to check for a judge-signed search warrant.
  • Immigrants are urged to remain silent, clearly state they do not consent to a search, avoid physical resistance, and contact a lawyer immediately if approached or detained.

With the US administration intensifying immigration enforcement, concerns are growing among immigrants, including the Korean community residing in the United States. Recent actions, such as the arrest of 10,000 immigrants over five days in June, signal a heightened level of activity by Immigration and Customs Enforcement (ICE).

Even if immigration officials or police knock on your house door, do not open it hastily.

— Charlotte WiseCharlotte Wise, an attorney, advises individuals on how to react when immigration agents arrive at their homes.

Legal experts are advising individuals on how to respond if ICE agents arrive at their homes. Charlotte Wise, an attorney with the 'Texas Civil Rights Project,' strongly recommends not opening the door immediately. Instead, she advises verifying who is at the door and demanding to see a judge-signed search warrant, which should be slid under the door if presented.

Wise explained that while police generally need a judicial warrant to enter a home, ICE often attempts to use administrative warrants. These are issued by immigration officials, not judges, and do not grant the authority for forced entry or searches. It is crucial, she stressed, to examine the type of warrant, its issuing authority (judge versus immigration official), the presence of a federal judge's signature, and the specific scope of the search.

You must check who is at the door and why they are there, and whether there is a search warrant signed by a judge.

— Charlotte WiseWise emphasizes the importance of verifying the identity and authority of immigration agents before granting entry.

If presented with an administrative warrant, individuals are not obligated to open the door. They should clearly state their refusal to consent to a search while avoiding any physical confrontation. Furthermore, experts strongly advise exercising the right to remain silent when questioned by agents. Any statements made at the scene could potentially be used against them in court.

Police need a warrant signed by a federal judge to search a house, but immigration officials often try to use administrative warrants.

— Charlotte WiseWise explains the difference between judicial and administrative warrants and their implications for home searches.

Individuals are encouraged to assert their right to remain silent and seek legal counsel as soon as possible. Lying about one's identity or submitting false documents can lead to separate criminal charges. In cases where rights are believed to have been violated during an arrest, it is vital to document as much information as possible, including badge numbers, vehicle details, and witness contacts, to aid in potential future legal action.

If they present an administrative warrant, you are not obligated to open the door.

— Charlotte WiseWise clarifies that administrative warrants do not grant the authority for forced entry.
DistantNews Editorial

Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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