Immigration: How to Handle Encounters with Immigration Officials
If immigration officials show up at your house or make an arrest elsewhere, there are few things you should know, and a few things you can take care of in advance to assist if an arrest occurs.
If Immigration Officials Come to your House:Ask to see the warrant. There are two types of warrants in this context: administrative and judicial.
The Department of Homeland Security can issue Administrative Warrants against individuals. Police and other officials can arrest someone in public with this type of warrant. However, to arrest someone from their home, officials require either your consent or a Warrant issued by a judge of competent jurisdiction. Ask them to slide the warrant under the door in order to examine if it is signed by a judge.
Since deportation can seemingly be commenced based upon even uncharged criminal activity, remember that you have the right to remain silent. Ask for an attorney.
If Arrested on Existing Deportation OrderIf you are arrested on an existing deportation order, then you are entitled to due process, including an attorney, bond, and a hearing on the merits. You're also entitled to remain silent and to not sign anything unless and until your lawyer is present.