In the United States, citizens are not required by any federal law to provide documentation of their immigration status during an encounter with Immigration and Customs Enforcement (ICE). You can clearly state that you are a U.S. citizen, and under immigration law, that should be enough.
Unfortunately, due to ever changing federal policies on a regular basis, ICE officers have been detaining people while they verify citizenship or lawful status. Therefore, carrying proof may help to end an encounter. In addition, there have been several notable and well-reported instances of U.S. citizens being detained despite their legal status.
ICE agents do not have the full jurisdiction of other law enforcement officers, such as police or FBI agents. For example, ICE cannot enforce traffic laws. However, because of the risk of wrongful detentions and discriminatory practices, it may be important to take precautions. ICE officers might enter or search homes without first obtaining a warrant, even though the Fourth Amendment generally protects against warrantless searches of a private residence. Moreover, ICE’s own public guidance says agents need consent, a warrant, or an applicable legal exception before entering.
If you encounter immigration officers, it’s generally advised to stay calm. While it helps to know your rights, ICE officers are using aggressive tactics. Staying calm may help de-escalate the situation. Regardless of immigration law, your demeanor, or your citizenship status, you may be detained until officers verify that you really are a citizen, even if you clearly explain that you are. Officers may also not believe you if you say you are a citizen and you have an accent or a darker skin tone.
If ICE detains you despite your stating that you are a citizen, you should contact a lawyer immediately. Unlike in a criminal case, immigration detainees do not have the right to a free, government-appointed lawyer, but everyone has the right to retain counsel of their own choosing.
If you or a loved one is in a bind as a result of a DUI/ Physical Control allegation, immediately contact a Seattle DUI Attorney. A Seattle DUI Defense Attorney is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle DUI Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their DUI charge, and some times even get them dismissed. So, it should go without saying that someone cited for a DUI should hire a qualified Seattle DUI Lawyer as soon as possible. DUI charges can cause havoc on a person’s personal and professional life. Anyone charged with a DUI in Washington State should immediately seek the assistance of a seasoned Seattle DUI Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
