Leer en español: Todos tenemos derechos. Cómo manejar un encuentro con ICE.
- False claims of immigration raids have been spreading online in Michigan, provoking fear in communities.
- Attorneys and immigrant rights groups say it’s important to remember if immigration agents do show up, everyone has rights, regardless of immigration status.
- Everyone has the right to remain silent.
- You don’t have to consent to a search at your home or business unless presented with a warrant signed by a judge.
A viral TikTok video of border patrol agents, supposedly in Southwest Detroit. A Facebook post about immigration enforcement at a Grand Rapids school. Rumors of a raid at an Ann Arbor restaurant. A story that was possibly true, backed by video. A story that wasn’t true. And a story that was mostly not true. But each spread widely across social media feeds in Michigan the past few days, fueled by fears of how the Trump administration plans to accelerate immigration enforcement actions nationwide.
A week into Donald Trump’s presidency, many of the worst fears about mass deportations have not been realized, at least not yet. Though one homeland security agency claimed online that it had increased immigration enforcement actions in Michigan and Ohio, there’s been no evidence of mass immigration raids happening in Michigan so far. But the spread of rumors makes clear many people in Michigan are on high alert.
"The goal is to put the onus on ICE to do their job properly."Christine Sauvé, Michigan Immigrant Rights Center
One major question many are now confronting: What do you do if federal immigration officers show up?
Regardless of your immigration status, you have rights. And organizations that help immigrant families and allies have some recommendations for how to preserve those rights - both for immigrants, and for people who work in places where immigrants might be targeted.
“The goal is to put the onus on ICE to do their job properly,” said Christine Sauvé, head of community engagement and communications for the Michigan Immigrant Rights Center, using the acronym for Immigration and Customs Enforcement, commonly called “ICE.”
It’s not about disobeying the law. It’s about knowing the law, and knowing that the U.S. Constitution protects everyone in the United States, regardless of their immigration status.
Everyone is protected by the Fourth and Fifth Amendments to the constitution:
- You have a right to remain silent.
- You have a right not to be searched without cause.
And it’s not just individuals who need to keep those rights in mind. Companies and organizations in Michigan have been reminding employees that, in some circumstances, they are responsible for protecting private information of others at the organization.
Grand Rapids Public Schools issued guidance to staff earlier this month telling them what to do if ICE agents come to a school. The guidance instructs staff to contact the building principal, school police and district attorneys.
“Do not allow the ICE official to have any contact with staff or scholars,” the guidelines advise, citing the Federal Education Rights and Privacy Act (FERPA) which requires school officials to protect private records of students.
The guidance says staff should take notes that include the officers’ names, credentials, badge numbers, and what kind of vehicle they drove. Staff are instructed to keep ICE officers in the school’s main office or lobby unless the officer shows a valid warrant, signed by a judge.
What kind of warrant?
That last point is crucial, immigrant advocates say, because immigration officers sometimes present a different type of warrant when pursuing a suspect. These so-called “administrative warrants” are issued by ICE itself, and don’t carry the same legal weight as a judicial warrant, which is signed by a judge.
Telling the difference can be tricky for someone not used to reviewing warrants. Which is one reason some organizations, such as GRPS, have asked staff to get lawyers involved if immigration officials show up.
The same caution applies if ICE shows up at someone’s home, immigrant advocates say.
The Michigan Immigrant Rights Center advises people not to open the door for immigration enforcement officers. They advise people to talk to officers through the door, and ask to see the warrant - either through the window, or slipped under the door.
This precaution may not spare someone from deportation, but MIRC’s Christine Sauvé says it puts the responsibility on agents to do their job correctly, and not simply scare people into being detained.
Because if ICE agents do have a judicial warrant, she says, they will carry it out.
“If ICE has the right documentation, they will break down the door,” Sauvé said. “If ICE doesn’t have the right warrant, they won’t break down the door.”
There is one other complicating factor about when and how federal officers can carry out legal searches. Federal law gives the Border Patrol unique powers to carry out searches within 100 miles of a border. In those areas, Border Patrol officers - not ICE agents - can legally search buses, boats or trains without a warrant. Borders can include water borders as well as land, so all of Michigan falls within 100 miles of the border - meaning Border Patrol can carry out these searches anywhere in our state.
So it’s also important to know which kind of officers you’re dealing with in enforcement encounters. Border Patrol agents usually arrive in marked vehicles with a green band painted on them.
Do business owners have to comply with immigration officers?
The type of warrant ICE officers bring with them is important for how private business owners can react to them as well. The National Immigration Law Center says businesses can face what’s called an I-9 audit to determine if they have the proper paperwork for their employees’ legal status in the U.S.
"The best way for workers to protect their rights is to stay silent and ask for an attorney."National Immigration Law Center
But beyond that, if ICE agents show up for a raid, or to seek a specific employee, the NILC advises businesses to seek legal help.
Business owners may choose to comply with ICE officers’ request to enter the business, but they are not required to comply, unless - again - the officers present a warrant signed by a judge.
“ICE agents may try to stop, question, or even arrest a worker without the proper authority,” the NILC notes. “The best way for workers to protect their rights is to stay silent and ask for an attorney.”
If they are able, workers or bystanders may try to record the officers as they go about their work, the same as many people do when other types of law enforcement officers are working.
What not to do
There is a difference, however, between maintaining your rights in an interaction with law enforcement, and actively evading the law.
True, the Fifth Amendment gives you the right to remain silent, and the Fourth Amendment protects you against unreasonable searches, but if ICE shows a judicial warrant to search - they have the right to search (it’s the judge, after all, who decides which searches are reasonable under the Fourth Amendment).
Immigrant rights groups advise you should never run from immigration officers, or present false paperwork. Both can get you in trouble, even if you have a legal right to remain in the United States.
“Don’t run, remain calm,” said Christine Sauvé of MIRC, adding that it’s often difficult to do so. “People are understandably frightened in these moments. People get flustered.”
Fear is clearly a big factor in how many people in Michigan are feeling about immigration enforcement at the moment. But despite those fears, and despite the rumors (frequently untrue) ricocheting across social media, immigration officers are not all powerful. Everyone - including immigrants - have rights. You can maintain your rights, and the rights of people around you, without violating the law.
