U.S. Immigration and Customs Enforcement (ICE) is the federal agency that enforces U.S. immigration laws. This agency is part of Homeland Security, the large federal agency responsible for public security in the U.S.
An ICE agent has the authority to arrest and detain people suspected of violating immigration laws. ICE conducts random roadside checkpoints and targeted raids to arrest and deport immigrants who do not have proper documentation. Frequently, ICE will get an arrest warrant, just like regular law enforcement, for a single person or group of people.
Immigration enforcement actions are technically not criminal cases. This means that an ICE arrest does not lead to a criminal conviction. Instead, immigration enforcement leads to civil penalties such as deportation. But when any person is arrested, even by ICE, civil rights don’t just vanish. As immigration enforcement efforts continue and ICE raids increase, it’s important to know your rights.
Even though it is not a criminal case, an ICE detainee can still assert their right to remain silent. This means you do not have to declare your immigration status. If you plan to assert your right to remain silent, know that people are still generally required to identify themselves to law enforcement officers and must verbally state their intention to remain silent. While you do not have to show documents identifying which country you are from, you can’t lie to any police officers or immigration agents. You also should not provide false documents. It is advisable to not say you are a U.S. citizen if you are not.
Moreover, there are no Miranda warnings in immigration arrests, but that doesn’t mean the right to remain silent doesn’t exist. The only person you should talk to is your own attorney.
Every person charged with violating the law is entitled to due process before being punished or penalized. This means law enforcement officers must follow all laws when detaining and deporting immigrants, regardless of their immigration status.
A person facing deportation (also known as “removal proceedings”) has the right to an evidentiary hearing in court where they can present evidence.
ICE agents frequently try to get people to sign voluntary departure agreements or stipulated removals. These agreements can prevent a person from challenging a deportation proceeding. It is important to not agree to this until you talk to an attorney. Signing this document could lead to permanent consequences.
If you or a loved one is in a bind as a result of criminal allegations, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
