What To Do If You’re Detained in an ICE Raid in California

Recently, U.S. Immigration and Customs Enforcement (ICE) has increased its efforts to find and detain illegal immigrants. While this effort is nationwide, many of these efforts have impacted local communities in California. It’s obviously a very scary time, but as an immigrant, it’s important to remain calm and understand what options you have if you’re detained by ICE.

Our team at Maison Law Immigration Lawyers can help you in this situation. Contact us to set up a consultation.

What Can You Do If You’re Detained in an ICE Raid?

Being detained by ICE is incredibly stressful, but it’s important to remember that–even in the most dire of situations–you have options. And while it can be a lengthier process, you have to first address the detention itself. Here’s what you can do if you’ve been detained in an ICE raid:

  • Stay calm and know your rights – Like any situation, you have the right to remain silent. This means you don’t have to answer questions about your immigration status. You have the right to refuse entry if ICE officers don’t have a warrant signed by a judge. Ask to see the warrant before allowing them into your home or workplace. Above all, try to stay calm and reasonable.

  • Record the incident (if safe) – If you can, record the raid on your phone. Take note of the names and badge numbers of the ICE officers, and get video proof of any actions that might violate your rights. At the same time, don’t escalate the situation or put yourself in danger for the sake of recording.

  • Don’t sign anything – Don’t sign any documents that could impact your immigration status or rights without consulting with us first. Signing forms without understanding them could lead to unintended consequences.

  • Have important documents ready – Have identification and any relevant legal documents available in case you are detained. If you have any immigration documents, keep them easily accessible to show proof of your status or pending cases.

  • Be ready to help your family members – If you have family members at home or in the workplace, they should know their rights as well. Make sure they understand what to do if ICE comes to your home or work.

  • Ask for legal help – Even if you’re detained, you still have the right to contact a lawyer. If possible, call a family member or friend to reach out to our team on your behalf.

Again, being detained can be incredibly scary, but staying calm and knowing your rights can make a big difference. Our team of immigration lawyers is here to guide you through the process and fight for your rights if you or a loved one is detained in an ICE raid.

What Else Can You Do If You’re Detained by ICE?

Outside of the above steps, you have certain regulatory options when you’re detained by ICE. Most of the time, this depends on your immigration status and whether or not there’s already a deportation order in place. Still, here’s a few ways that you can challenge your detention:

  • Cancellation of removal (for both non-lawful and lawful permanent residents) – This applies to both permanent residents and non-lawful residents that have been living in the country for at least 10 years. If you’re a permanent resident that’s been here for at least five years, you have to show that you haven’t been convicted of serious crimes. It also allows you to keep your lawful permanent resident status and avoid deportation, even if you have legal or criminal issues.

    • If you’re not a green card holder, but have lived in the country for at least 10 years, you’ll have to show that being detained and deported by ICE would cause you an “exceptional and extremely unusual hardship” for you and your family. If granted, you can stay and eventually apply for a green card.
  • Asylum – Asylum is for individuals in the U.S. who have faced or fear persecution in their home country due to race, religion, nationality, political opinions, or membership in a particular social group. It’s available regardless of whether you entered the U.S. legally or illegally. It also protects you from deportation and may give you the right to work legally in the country.

  • Waivers – There’s also waivers that you can request to forgive certain immigration violations or criminal offenses that might make you ineligible for relief. It can help individuals who’ve overstayed their visa or have criminal convictions that would typically lead to deportation.

  • Adjustment of status – Adjustment of status allows individuals in the U.S. to change from a temporary immigration status (like a visa holder) to permanent status, such as becoming a lawful permanent resident. It’s often possible if you’re eligible for a green card through a family member, employer, or other special categories.

Each of these options provides a potential legal path to remain in the U.S. even if you’re detained by ICE. If you qualify for one of these reliefs, you could avoid deportation and potentially gain legal status, whether through permanent residency or another form of protection. Understanding these options and talking with our immigration lawyers can help you build a strong case and increase your chances of staying in the U.S. legally. Contact us today if you’ve been detained in an ICE raid.