What should I do if I encounter Immigration and Customs Enforcement?

This is information is adapted from the ACLU We have Rights and InformedImmigrant.com.

If I.C.E. knocks on your door…

  • You have special rights at home.
  • Do not open the door.
  • Immigration and Customs Enforcement can only come in if they have a judicial warrant (from a judge) NOT an immigration official.
  • If there is no judicial warrant, I.C.E. can only enter with permission. You do NOT have to give permission.

Outside of Your Home….

  • Stay Calm.
  • Stay Silent (do NOT lie to Immigration and Customs Enforcement about your name or how you came into the United States).
  • Do not run away.
  • Ask to speak to a lawyer before answering any questions or signing any documents.
  • Write down the name and badge number of who is speaking to you.

Red Card

You may want to carry a Red Card with you. This explains your rights and says you do not want to speak and want to have a lawyer. You can hand this to an Immigration and Customs Enforcement agent if one tries to interview or arrest you. You can download one here.

General Information about the Immigration Court System

While it is important to be aware of what to do in the event you encounter Immigration and Customs Enforcement, it is also very important to keep track of your and your children’s immigration court case, if you and they have one. Below is information about how to keep track of your case.

What Is An “A Number”?

An “A Number” is a unique number given to immigrants in the United States who entered without permission from the United States government. For example, if you entered the United States without permission and were found by or you presented to Customs and Border Patrol, then you should have been given an A number. Or, if someone is apprehended by Immigration and Customs Enforcement, I.C.E. will assign them an A Number (or use their existing A number if they already have one). This is the identification number for your immigration case and will follow you through the whole immigration process. It is important to remember your and your children’s “A numbers”. Write down these numbers and give them to your designated caretaker, relatives, and close friends. If you are detained, the only way your designated caretaker and others will be able to get information about where you are detained and about your case is if they have your A Number. The A Number is also used to keep track of your immigration court case.

Keeping track of your and your children’s immigration case If you are in the United States without permission and the government is aware that you are here, you likely have or had an immigration court case. This type of case is called “removal proceedings” and is the process by which the government removes or deports people from the United States. This process is also where you have the opportunity to defend against removal. The court where this case takes place is called the Executive Office of Immigration Review or EOIR.

If you live in DC, you would most likely have your case heard at the Court in Hyattsville, MD. If you live in Virginia, you would most likely have your case heard at the Court in Annadale, VA. And, If you live in Maryland, your case would either be held at the Court in Hyattsville, MD or Baltimore, MD. There is more information about EOIR here. It is important to go to all of your or your children’s court hearings and to keep track of the status of your case. If you do not attend your court hearings, the judge may issue an order of removal for you. This means that the government could remove you from the US more easily. Using your A number you can look up the status of your immigration case and where the case is located on EOIR’s website here. If you do not have a lawyer, you should speak with one. See the list of organizations that provide immigration legal help.

Information about what to do if you or someone you know is detained by Immigration and Customs Enforcement

How to locate a person who is detained by I.C.E.?

There are currently two immigration detention facilities in the DC-Maryland-Virginia (DMV) area, one located in Farmville, VA and the other in Bowling Green, VA. There are currently no adult detention facilities in either DC or Maryland. In general, individuals apprehended in DC and VA are taken to one of the two VA facilities mentioned above. Individuals apprehended in MD are taken to a detention facility in Pennsylvania, but someone who is detained by I.C.E. can be placed in any detention center in the United States or moved around between detention centers. You can find a list here of this guide of the detention centers where Washington, DC residents are typically taken initially.

There is a webpage to use to search for people detained by I.C.E. The website is called the “I.C.E. Detainee Locator” and can be found here: https://locator.ice.gov/odls/homePage.do

To find someone on this website, you must have:

  • the exact spelling of the person’s name as it was spelled by I.C.E. (even if it was spelled incorrectly)
  • the person’s date of birth
  • the person’s country of origin, or the person’s country of birth
  • and the person’s ”A Number”, which is the person’s immigration identification number.

What is the role of the deportation officer?

You will be assigned a Deportation Officer. You should tell your Deportation Officer right away about your children and your concerns about who will take care of them if you are not released. Your Deportation Officer works for I.C.E. and is in charge of your case while you are in detention. Most likely, this officer will be communicating with you virtually through a tablet while you are in detention, rather than meeting with you in person. Because they work for I.C.E., your Deportation Officer cannot give you helpful advice about your immigration case.

How do I find an immigration attorney?

The government will not provide you with an immigration attorney. If you cannot afford an immigration attorney, you may be able to get an immigration attorney from a nonprofit legal aid organization for free or at a low cost. A list of nonprofit legal aid organizations can be found in Part 3 of this guide. Unfortunately, there are many more people who need immigration attorneys than there are legal aid attorneys to help them. If you are unable to get a free/low cost attorney, you will have to hire and pay for a private attorney, or have someone hire and pay for one for you. However, if you are unable to get an attorney, you will not be alone. Most people in immigration detention end up fighting their cases without an immigration attorney.

Be aware of fraud or misrepresentations by immigration attorneys or people pretending to be immigration attorneys. There are many people who take advantage of immigrants and people in detention. Some immigration attorneys will take your money, even if there is little they can do to help you under the law. If you or a member of your family is going to hire a private immigration attorney to represent you, do your homework and ask the immigration attorney for a few references you can call to find out about the quality of their services. An attorney should always give you a written agreement about the legal services they will provide and how much the services will cost. Make sure you review and understand the written agreement before you sign it.

Do not hire a “notario” to be your lawyer or legal representative. In the United States, a “notario” may not be a qualified attorney. In certain Latin American countries, a “notario” is the term for someone who does actually have legal training and experience. But in the US, a “notario” is not a lawyer; a “notario” is simply a “notary public” (someone who notarizes, or authenticates, the signature on a document). The requirements to become a “notario” or “notary public” in DC are that the person is over 18 years old, lives in DC, can read, write, and speak English, and has no felony convictions — no legal training is required.

Is it possible to be released on bond from detention?

You may be able to pay a money bond and be released after you have been detained. Not everyone is eligible for a bond, so you should ask your Deportation Officer or immigration attorney if a bond has been set for you. The lowest possible bond ICE or the Immigration Court will give you is typically $1,500, and most people without a criminal record receive bonds between $5,000 and $15,000. You will need to pay the full amount of the bond at one time in order to be released. As part of making a plan in case you’re picked up by Immigration and Customs Enforcement, you should think about how you or your family members may be able to pay a bond if you are detained. You might consider saving up money so you can pay cash for your bond. It is also possible to finance your bond through a bail bond company. Be careful if you use a bail bond company, as these companies sometimes require you to pay large amounts of interest or to wear an ankle bracelet once you are released.

How do I request a bond hearing?

If you aren’t sure if a bond has already been set for you, you should ask the Immigration Court Judge for a bond hearing. Be sure to tell the Immigration Court Judge about your children and your need to be released to take care of them and keep custody of them.

At the hearing, you should present photocopies of documents (never give your original documents! talked about previously to show you are not a danger to the community or a flight risk, such as:

  • birth certificates for your children born in the US
  • evidence that your children have lawful status in the US, such as their birth certificates or Deferred Action for Childhood Arrivals (DACA) approval notice, if that is the case
  • school records for your children
  • your children’s medical records — especially if any of your children have any medical conditions that need ongoing medical care
  • any and all evidence that you have been in the US living responsibly, like pay stubs, tax records, bills, bank account records, medical records, car payments, rental agreements, utility bills, etc.
  • letters from family and friends that can vouch for your good character and how long you have been in the US

Remember to have any documents that are not in English translated into English by a translator. Anyone who is able to read and write fluently in English and Spanish can serve as a translator. Include a Certificate of Translation issued by the translator for each translated document. A sample Certificate of Translation can be found in Part 3 of this guide.

If you are granted bond, you will be released on your own recognizance. This means that you promise to return to court on a certain date. You will be asked to sign a document promising to return to court so you can be released. Before you sign any document, make sure you understand what the document says. If you cannot read the document, ask that the document be explained to you in the language you understand best.

Are there other ways I can be released from detention?

Humanitarian Parole and Prosecutorial Discretion are other ways to ask to be released from detention or to have the immigration case against you dismissed. To make these requests, you will explain to U.S. Immigration and Customs Enforcement or the Immigration Court judge that you are not a high priority for detention because for example you do not have a criminal record or you have children you need to take care of in the US. You can use the same documents (listed above) to request Humanitarian Parole and Prosecutorial Discretion as you use to request bond. Make sure to only give photocopies of these documents to your Deportation Office or to the Immigration Court Judge, and keep the originals in a safe place.

What if I am told to sign for my deportation?

From the time you are detained by Immigration and Customs Enforcement, officers may present you with paperwork to sign. This paperwork may be presented to you multiple times, and by different officers. You may be told that you have no case; that you must sign for your deportation; that you will face years in jail if you don’t sign right away; and that you will never see your children again. An officer may even try to physically force you to sign the paperwork.

If you sign these documents and accept deportation, it will not be possible for you to come back to the US . You have the right to refuse to sign any document accepting deportation. This may be a difficult decision, as it will mean accepting additional time in detention, but if you sign for your deportation you will be unable to present your case to an Immigration Court Judge.

How does the immigration court process work and How do I fight my case?

You may be detained for weeks before you have your first hearing before an Immigration Court Judge. This hearing is called a Master Calendar Hearing. There will be other immigrants at this hearing, and you may be called individually or as a group to speak with the Immigrant Court Judge. You will be asked what language you prefer to have your hearing in. An interpreter will be available at this hearing for you if you speak Spanish. If you speak another language, such as an indigenous language, the Immigration Court Judge will use an interpreter by telephone. If you cannot understand the interpreter, it is very important to tell this to the Immigration Court Judge, and to make sure the interpreter is changed to someone you can understand.

If you don’t have an immigration attorney, the Immigration Court Judge will probably ask you at this first hearing if you want more time to find one. It can be a good idea to ask for more time to find an immigration attorney to get advice about your immigration case.

After this first hearing, you will be scheduled for at least one more Master Calendar Hearing, where the Immigration Court Judge will ask if you are applying for legal relief with the Immigration Court seeking to stay in the US. Applying for legal relief means that you are going to fight your deportation in Immigration Court. If you have an attorney, you will get more information about whether you have a basis under the law to fight your deportation in Immigration Court. If you fight your deportation in Immigration Court, the judge will schedule a hearing called an Individual Hearing. The Individual Hearing is a trial at which you will present your case to the Immigration Court Judge. At the Individual Hearing, you will have the chance to testify and present evidence such as documents and witnesses. Every case is different, but people can be detained for months or years as they go through this Immigration Court process.

Remember this is your chance to fight your deportation. If you accept deportation at a Master Calendar Hearing or with the Deportation Officer, it will not be possible for you to come back to the US later.

To get information about your case, you can call:

Immigration Court Hotline
1-800-898-7180.

Deportation

Can I take my children with me if I am deported?

If you are ordered deported, you will NOT be allowed to take your children with you at the time of your deportation, and you will not be given time to make arrangements for your children. This is why it is so important to plan, and think through your options before there is an emergency.

If you have the opportunity to talk with your Consulate, you should inform them about your children, and ask for assistance in making travel arrangements for your children if
you want them to relocate with you
. The Consulate can assist with travel arrangements.

Consulate Information

Bolivia

Consulado General def Estado Plurinacional de Bolivia
Dirección
: 1825 Connecticut Avenue N.W. Suite 200C, Washington, DC 20009
Tel: (202) 232-4827 / 4828
Fax: (202) 232-8017
Horarios: Lunes a Viernes de 9:00am – 3:00pm

Colombia

Embajada y Consulado de Colombia
Dirección
: 1724 Massachusetts Ave NW, Washington, DC 20036
Tel: (202) 387-8338
Linea gratuita en EEUU: 18887643326
Horario: Lunes a viernes de 9:00am a 3:00pm

Ecuador

Consulado General de Ecuador en Washington, DC
Dirección
: 2535 15th St NW, Washington, DC 20009
Tel: (202) 234-7166
Horario: Lunes a viernes de 9am a 3pm

El Salvador

Embajada de El Salvador
Dirección: 1400 16th Street, Suite 100, N.W., Washington D.C. 20036
Tel: 202-595-7500 Horario: Lunes a Viernes de 9:30 am a 5:30 pm.

Consulado General de El Salvador en Washington, DC
Dirección: 926 Philadelphia Ave, Silver Spring, MD 20910
Tel: 202-337-4032
Horario: Lunes a viernes de 7:00am a 3:30pm

Oficina de Asistencia Legal Migratoria
Dirección: 1400 16th Street, Suite 100, N.W., Washington D.C. 20036
Tel: 202-387-4766
E-mail: [email protected]

Eritrea

Embassy of Eritrea
Address: 1708 New Hampshire Ave NW, Washington, DC 20009
Tel: (202) 319-1991
Hours: Monday to Friday from 9am to 4pm

Ethiopia

Embassy of Ethiopia in Washington, DC
Address: 3506 International Dr. NW, Washington, DC 20008
Tel: (202) 364-1200 Fax: (202)
Hours: Monday to Friday from 9am to 5 pm.
E-mail: [email protected]

www.ethiopianembassy.org

Ghana

Embassy of Ghana at Washington, DC
Address
: 3512 International Dr. NW, Washington, DC 20008
Tel: (202) 686-4520
Hours: Monday to Friday from 9am to 3pm

http://www.qhanaembassy.org

Guatemala

Embajada de Guatemala en Washington, DC
Dirección
: 2220 R St NW, Washington, DC 20008
Tel: (202) 745-4953
Horario: Lunes a viernes de 9am a 5pm

Consulado General de Guatemala
Dirección
: 8124 Georgia Ave, Silver Spring, MD 20910
Tel: (240) 485-5050
Horario: Lunes a viernes de 8am a 2 pm

Honduras

Consulado General de Honduras en Washington, DC
Dirección
: 1014 M St NW, Washington, DC 20001
Tel: 202-525-4001
Horario: Lunes a Viernes de 9am a 3pm

Mexico

Embassy of Mexico in Washington, DC
Dirección
: 1911 Pennsylvania Ave NW, Washington, DC 20006
Tel: (202) 728-1600
Horario: Lunes a Viernes de 9:00 am a 18:00 pm
E-mail: [email protected]
https://embamex2.sre.gob.mx/eua/index.php/es/

Sección Consular de la Embaiada de Mexico en EUA
Dirección
: 1250 23rd St NW Washington, DC
Tel: 202-736-1000
Horario: Lunes a Viernes de 8:30am a 2:30 pm

Centro de lnformaci6n y Asistencia a Mexicanos
Desde Estados Unidos sin costo al 18554636395
Desde Mexico llama de larga distancia al 0015206237874

Unea de informacion que opera las 24 horas del dia.

Nicaragua

Embajada de Nicaragua en Washington, DC
Dirección
: 1627 New Hampshire Ave NW, Washington, DC 20009
Tel: (240) 485-5050

Oscar Samora (general consulate): (202) 939- 6531
Horario: Lunes a viernes de 9am a 1pm

Nigeria

Embassy of Nigeria
Address
: 3519 International Ct NW, Washington, DC 20008
Tel: (202) 986-8400
Hours: Monday to Friday from 9am to 6pm

Perú

Embajada de Peru en Washington, DC
Dirección
: 1700 Massachusetts Ave NW, Washington, DC 20036
Tel: (202) 833-9860
Fax: (202) 659-8124 mail to: [email protected]
https://www.embassyofperu.org/


Consulado General def Peru en Washington, DC
Dirección
: 1225 23rd St. NW, Washington, DC 20037
Tel: 202-774-5450
Tel de emergencia: 202-230-9992
Horario: Lunes a viernes de 8:30 am a 13:00 pm.

Se atenderan los primeros 100 tramites de 8:30 am a 12:00pm de los siguientes sabados:

  • Enero 28
  • Febrero 25
  • Marzo 18
  • Abril 22
  • Mayo 20
  • Junio 17
  • Julio 15
  • Agosto 19
  • Septiembre 16
  • Octubre 21
  • Noviembre 18
  • Diciembre 16

Resources

Videos in English, Spanish, Korean, Russian, Mandarin, Haitian Creole, Arabic and Urdu
We Have Rights

Informational flyers in 16 languages
Know Your Rights with ICE – Immigrant Defense Project

Comic book style presentation in English and Spanish)
https://wearecasa.org/know-your-rights

Wallet-size cards KYR cards that can also be handed to ICE when asserting the right to remain silent.  Available in 16 languages.
https://www.ilrc.org/red-cards-tarjetas-rojas

How to find legal help near you in English and Spanish.
https://readytostay.org/es/find-help?zip=20006&page=1

Link to Mutual Aid Support Groups in the DMV and to the ICE Hotline to report ICE activity and to find out about available resources if your loved one is detained.
Migrant Solidarity Mutual Aid

Immigration Rapid Response Hotline Virginia Network:
VA (855)AYU-DAR1 or (855)298-3271

What to do if ICE comes to your workplace?
https://www.nilc.org/resources/a-guide-for-employers-what-to-do-if-immigration-comes-to-your-workplace/

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