Action Plan: What to do if you are detained by Immigration and Customs Enforcement (ICE)?

No one wants to think about the possibility of being detained by an immigration agent, but having a plan is the most powerful tool to protect you and your family. Being prepared is not about calling trouble, it is about taking control of the situation and knowing exactly what to do.

In this article, we will guide you step by step to create your own plan of action so you can remember what to do if you are detained by Immigration and Customs Enforcement (ICE). It's not to panic, it's to be ready and calm, knowing that you are in control.

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Step 1: The power of being prepared (before an arrest)

The best defense is the one that is prepared ahead of time. With these three simple steps, you will be much safer.

A. Create your "Rights and contacts card".

Think of this card as your personal script in case of emergency. Always carry it in your wallet or pocket. It must have:

• Your information: Your full name and your Alien Number ("A-Number"), if you have one.

  
  

• Key Contact #1 - Your Attorney: Full name and phone number of your immigration attorney.

  
  

• Key Contact #2 - Your Family Member: Name and number of a trusted family member or friend.

  
  

• Key Contact #3 - Your Consulate: The telephone number of your country's consulate.

  
  

• Power of attorney sentence: Write this, "I wish to remain silent and I want to speak with an attorney." (I wish to remain silent and I want to speak with an attorney). In a nervous moment, just read it.

B. Memorize ONE phone number

If you are arrested, you may not have access to your cell phone. Therefore, it is essential that you memorize a key phone number.

• What number? Your lawyer's or your trusted family member's number.

• Make it a habit: Practice remembering it every day until it is as easy as knowing your own name.

C.Organize a family emergency plan

Your family is your support team. They should know what to do if you don't make it home.

1. Prepare a folder of documents: In a safe place at home, keep copies of your important documents: passport, birth certificate, A-Number and any immigration papers.

   
   

2. Give them clear instructions:

   • Step 1: Immediately call the immigration attorney and give him/her your full name.

   • Step 2: Use ICE's online "Detainee Locator" to find you (explained below).

   • Rule of thumb: You should not talk to any agent or sign anything. All questions should be directed to the attorney.

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Step 2: The phone call: your vote of confidence (during detention)

After being processed, you have the right to make a phone call. That is the time to activate your plan.

• Who to call: Call the number you memorized (your lawyer or family member).

  
  

• What to say (be brief and to the point):

  1. "I was detained by ICE."

  2. "My A-Number is [you say the number], or my name is [full name and date of birth]."

  3. "I'm in [give name of detention center or city, if you know]."

  4. Final Instruction: "Call Attorney [name] right now and give him this information."

     
     

• Very Important! Do not talk about your case or how you entered the country. Calls may be recorded.

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Step 3: The search: how your family can find you

If your family does not know where you are, they can use the official ICE tool.

• ICE Online Detainee Locator:

  • It is a public website: locator.ice.gov

  • To search they need:

    
    

    • Your A-Number (the fastest and safest way).

    • Or your full name and country of birth (sometimes it takes a while to appear).

      
      

• A tip for your family: If you don't show up right away, don't despair. Sometimes it takes a few hours for the system to update. They should keep trying.

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Frequently Asked Questions (FAQ)

1. What is the most important thing to remember if I am stopped by an officer?

You have the right to remain silent. You do not have to answer questions about your immigration status or where you were born. The most important thing is to calmly say the "power phrase": "I wish to remain silent and I want to speak to an attorney".

2. Am I obliged to sign documents if I am detained?

No. Do not sign anything at all without having your attorney review it first. Signing a document could negatively affect your case or even result in you unknowingly agreeing to voluntary deportation.

3. What if I don't have a lawyer?

Preparation is even more crucial. Memorize the number of a trusted family member or friend who can help you find a lawyer quickly. Local pro-immigrant organizations can also offer legal resources.

4. Does this plan also work if I am stopped by local police and not ICE?

Yes. Your fundamental rights, such as the right to remain silent and to speak to an attorney, apply with any authority. The plan to have an emergency contact and a folder of documents is useful in any type of arrest.

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