In Akron, rumors of an ICE raid Tuesday led the Akron Public Schools to briefly lock down Forest Hill Community Learning Center in North Hill. Superintendent Michael Robinson later confirmed that no U.S. Immigration and Customs Enforcement agents were on any of the district’s properties.
Increased activity by ICE agents since President Donald Trump signed executive orders that include several intended to influence immigration and ramp up mass deportations have immigrant communities in the area on edge.
If you are an immigrant in Akron, here is some essential information from the ACLU and Ohio Legal Help.
A Spanish translation of the ACLU’s resource guide is available here, and translations in additional languages are available here (scroll to the “In other languages” section).
U.S. Rep. Emilia Sykes’ office also posted “Know Your Rights” documents in English/Spanish, English/Burmese and English/Nepali on its website (and posted below).
What is ICE?
The U.S. Immigration and Customs Enforcement (ICE, or “La Migra,” as it is known in Spanish) is a federal law enforcement agency that is responsible for enforcing immigration laws.
How can you identify an ICE agent?
ICE agents may identify themselves as “police,” according to the National Immigration Justice Center. The center advises that you ask if the agent is from ICE or Customs and Border Protection (CBP).
Since Akron is within 100 miles of the U.S. border, that means it’s within the U.S. Customs and Border Protection agency’s territorial reach, so CBP agents can also have arrest powers.
ICE is part of the Department of Homeland Security (DHS) — other ICE departments include Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI). ICE uniforms may include these department titles or acronyms.
Know your rights when interacting with immigration agents
When interacting with immigration or law enforcement agents, you have the right to remain silent. Anything said to an officer can later be used in court.
In Ohio, you are required by law to disclose your name, address and date of birth when requested by a law enforcement officer who “reasonably suspects” you are committing, have committed or are about to commit a criminal offense — or if you witnessed a felony offense. You do not have to answer any other questions.
When an immigration agent asks to see your immigration papers, you show them if you have them with you.
The ACLU recommends that anyone over the age of 18 carry their immigration documents with them at all times. A local immigration attorney, Farhad Sethna, who teaches at the University of Akron School of Law, recommends you carry copies of your passport’s biographical page and U.S. visa rather than the passport itself. This information will allow ICE agents to verify your status.
The ACLU also recommends that individuals not lie about their immigration status or provide false documents. You may ask if you are free to leave. If you are, walk away calmly. If the officer says no, you may exercise your right to be silent.
For minors who are not U.S. citizens, Ohio Legal Help recommends that you get a passport from your birth country, which can be obtained at a consulate.
The Immigrant Legal Resource Center, a national immigration advocacy organization, has printable “Red Cards” — informational cards that can help remind a person of their rights in situations with ICE — available here in multiple languages.
What to do if ICE comes to your home
If an ICE agent comes to your door, you do not have to open it, unless the agent has a judicial warrant signed by a judge. The ACLU recommends asking, through the door, what the agents are there for. If they have a warrant, have them slip it under the door or through a window.
A judicial warrant is a formal written order that gives law enforcement officers the authorization to make an arrest, a seizure or a search. This is different from an administrative warrant — a warrant that authorizes law enforcement officers or ICE to make an arrest or seizure. ICE will sometimes procure those warrants.
An administrative warrant can be signed by an immigration judge or an immigration officer but does not authorize a search, according to the National Immigration Law Center (NILC).
In the case that the agents do not have a warrant, the ACLU says to state “I do not consent to your entry.” If the agents force their way in, the ACLU recommends that you do not resist and tell everyone in the residence to remain silent. The organization says that if you wish to exercise your rights, state: “I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.”
If an ICE agent asks you to sign anything, Ohio Legal Help’s advice is to wait to sign anything until after you have talked to a lawyer.
What to do if ICE comes to your place of work
The NILC has a comprehensive guide for employers navigating potential ICE actions. Some of the recommendations include:
- Make a written response plan.
- Train employees not to talk to ICE agents. If anything, the NILC suggests employees say, “I can’t give you permission to enter. You must speak with my employer.” ICE can enter public areas, such as a dining area in a restaurant, a parking lot or a lobby without permission. Without a warrant signed by a judge, ICE agents need permission to access private areas of a business.
- Do not run to the exits if there is an ICE raid.
- Record video of what the ICE agents are doing.
- Know that if ICE shows you a warrant with an employee’s name on it, you do not have to say if that person is working. And you do not have to take the agents to the named employee.
What to do if you are stopped by ICE or law enforcement in other situations
- In a car: If you are driving and are pulled over by an officer, you do not have to answer questions about your immigration status. They can require you to show your license, vehicle registration and proof of insurance.
- At the border: If you are entering or leaving the country, officers can ask about your immigration status. According to the ACLU site, “If you are a non-citizen visa holder, you may be denied entry into the U.S. if you refuse to answer officers’ questions.”
What to do if you are arrested or detained
If you are arrested by the police, you have the right to a government-appointed lawyer, which the ACLU recommends asking for immediately. You also have the right to a private phone call within a “reasonable time of your arrest.”
The NILC suggests creating a safety plan, which includes memorizing the phone number of a friend, family member or attorney you can call if you are arrested. The ACLU recommends you memorize your immigration number (also known as your Alien Registration Number or “A” number) and give it to a family member so they can locate you, as well as keep a copy of your immigration documents with someone you trust.
A person detained by ICE can be located through the ICE Online Detainee Locator System (this can be used to locate a detainee who is in ICE custody or who has been in CBP custody for more than 48 hours.) by contacting the local ICE office or by calling the Detention and Reporting Information Line at 1-888-351-4024.
If you are arrested by police, ICE can request that you be kept in custody for an additional 48 hours, excluding weekends and holidays, beyond your release date, so they can arrest you and begin deportation proceedings.
If you are detained by ICE, or border patrol, you have the right to hire a lawyer, but the government is not required to provide one for you. You have the right to be visited by a lawyer in ICE detention and to have the lawyer present at any hearing before an immigration judge.
The following agencies can help you find free or low-cost lawyers in Northeast Ohio:
- The Department of Justice’s list of pro bono legal service providers
- Advocates for Basic Legal Equality/Legal Aid of Western Ohio Migrant Farmworker Programs
- American Immigration Lawyers Association (A list of Akron-area lawyers who say they specialize in immigration is here.)
