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Feds vow immigration enforcement ‘every day in L.A.’: Your rights



As the number of immigration raids has increased across Southern California over the last week, there are more questions than ever about how to handle an interaction with federal agents.

Agents with Immigration and Customs Enforcement made arrests in the Garment District, specifically at Ambiance Apparel, where immigration authorities detained employees inside the clothing wholesaler, and other locations on Friday. Protests followed into the weekend, prompting the deployment of National Guard troops in downtown Los Angeles by the Trump administration.

The raids are the latest in a string of high-profile immigration enforcement actions over the last week, part of President Trump’s promised deportation crackdown. A few days ago, immigration agents raided a popular San Diego restaurant and made arrests, sparking a standoff with outraged residents. Agents also arrested Chinese and Taiwanese nationals at an underground nightclub in the Los Angeles area.

Officials suggest many more raids are coming.

“I’m telling you what, we’re going to keep enforcing law every day in L.A.,” Trump’s “border czar,” Tom Homan, told NBC News. “Every day in L.A., we’re going to enforce immigration law. I don’t care if they like it or not.”

Officials have not said how long the raids will last or described the larger operation. But in the deployment memo sending the National Guard to L.A., officials said “the duration of duty shall be for 60 days or at the discretion of the Secretary of Defense. In addition, the Secretary of Defense may employ any other members of the regular Armed Forces as necessary to augment and support the protection of Federal functions and property in any number determined appropriate in his discretion.”

Over the last few months, The Times has asked experts for guidance for employees and employers who find themselves in the cross-hairs.

Here is a summary of what we found:

What can you do if immigration agents knock on your door?

If you’re home alone or with family members and you hear a knock at the door, check the window, security camera or peephole so you can identify whether ICE agents are outside.

When you find yourself in this situation, the first step is to keep your door closed and locked, advised advocacy groups and legal experts.

You must open your door and allow agents inside your home if they present a valid search warrant.

Advocates say agents must identify themselves and show you the warrant by putting it against the window or slipping it under your door.

A valid warrant must be:

  • issued by a court;
  • have the correct name and address of the person being seized;
  • signed by a judge or magistrate judge.

This can be an overwhelming and scary situation. All those emotions are valid, said Pedro Trujillo, director of organizing for the Coalition for Humane Immigrant Rights.

Take a moment to gather yourself, he suggests, because there isn’t a time limit on the visit.

If you need help verbalizing your rights, show the agent a Red Card that helps explain your rights.

Red Cards can be downloaded from the website for the Immigration Legal Resource Center.

By showing this card, you’re affirming that you want to remain silent and wish to speak to a lawyer.

The card states that the person ICE agents are inquiring about has the right to decline answering questions and signing or handing over documents based on their 5th Amendment rights under the U.S. Constitution.

You can present this card to agents, whether it’s a physical copy or a photo on your phone, by displaying it through the window.

If ICE agents enter your home without consent, you have the right to say: “I do not consent to this entry or search,” according to advocates.

Don’t physically resist. Instead, you have the right to document what happens, including:

  • getting officers’ names and badge numbers;
  • documenting details of their actions;
  • and gathering contact information for any present witnesses.

After agents have left, you have the right to reach out to and consult with a legal representative.

Do I have to speak with ICE agents?

You have the right to remain silent.

For example, if you’re asked about your immigration status, where you were born or how you entered the United States, you may refuse to answer or remain silent, according to the National Immigration Law Center.

You can simply say, “I want to remain silent” or “I am exercising my right to remain silent.”

Experts advise that you are not required to sign documents or provide personal information.

What if I’m in my car or on public transportation and ICE agents show up?

If ICE agents are present when you’re on public transportation:

  • You have the right to remain silent and refuse to answer questions.
  • If agents want to conduct a search of yourself and your belongings, you have the right to refuse the search by saying you do not consent. An agent may “pat down” your clothes if he or she suspects you have a weapon.
  • You can ask, “Am I free to leave?” If the agent says yes, calmly walk away.
  • You may record interactions to document any violations of your rights.

If ICE agents approach you while you’re in the car:

  • Pull over safely if stopped by law enforcement.
  • Ask the law enforcement officers to identify if they are highway patrol, police or ICE agents by showing their badge.
  • If it is an ICE agent, you have the right to remain silent and not offer any information, said Shiu-Ming Cheer, California Immigration Policy Center’s deputy director of immigrant and racial justice.
  • Keep your hands visible on the steering wheel and provide law enforcement or highway patrol officers requested documents such as your license and registration. If you can identify they’re ICE agents, remain silent and do not provide any information.
  • You can say, “I do not consent to a search,” if they ask to search your car. Officers may still conduct a search if they believe it contains evidence of a crime.

What happens if I’m detained?

If you are detained or taken into custody, you have the right to reach out to an attorney and receive a phone call from an attorney.

You can prove you have a lawyer by giving the officer your signed Form G-28, a federal document that details your lawyer’s information and your consent to their legal representation.

Don’t have a lawyer? You can ask the ICE official for a list of pro-bono lawyers.

You can also ask to contact the consulate, which may be able to assist you in finding a lawyer.

Get familiar with the rules of the detention center you’ve been placed in. You can do so by asking for a copy of the Detainee Handbook to understand the detention center’s rules, your rights and how you can communicate with loved ones.

The book is available in 19 languages, including English, Spanish, Arabic, Bengali, French, Haitian Creole, Hindi, K’iche’ (Quiché)/Kxlantzij, Mam, Portuguese, Pulaar, Punjabi, Q’eqchi’ (Kekchí), Romanian, Russian, Simplified Chinese, Turkish, Vietnamese and Wolof.

What’s an ICE raid?

A raid is when ICE agents arrive at a work site without warning the employer. They can be accompanied by other agencies or appear in large numbers, according to the California Employers Assn.

Can ICE go to a work site to detain a specific person?

ICE agents can go to a business to try to find a particular person, or people, according to the National Immigration Law Center.

How can employers prepare for a workplace ICE visit?

The California Employers Assn. recommends creating a four-step response plan that should address the following:

  • Who needs to be alerted if ICE shows up or a notice is received?
  • Who is authorized to speak to law enforcement agents on behalf of the company?
  • What information can be gathered from the agents?
  • Is there a designated place for agents to wait?

Who should be alerted: Alerting management and employee/union representatives within an organization can help reduce workplace disruption and keep employees calm, said Giuliana Gabriel, vice president of human resources at the California Employers Assn.

“Rumors and misinformation tend to create panic amongst a workforce, and some employees may even try to flee or confront agents,” she said. “Running could give the agents reason to detain or arrest someone, so having an employee representative or member of management to maintain order and keep employees calm is advisable.”

Legal counsel should immediately be notified when ICE shows up because they can help “protect your organization and your employees from agents overstepping their boundaries or taking liberties as far as what they are authorized to do at your workplace,” she added.

Authorized speakers: Examples of people who can be designated to speak with agents include the business owner or a member of the management team, such as a general manager or human resources representative.

“Ideally it would be someone familiar with your response plan, if you have one, and authorized to speak on behalf of the company,” Gabriel said.

The identified person or people should be able to communicate confidently, clearly and remain composed “while protecting the privacy of your organization and its employees,” she said.

Gathering ICE agent information: You have the right to ask immigration officials which agency they represent as well as for their names, badge numbers and business cards.

“There have been reports of citizens impersonating ICE agents to target, detain and harass others,” Gabriel said.

Designated waiting area: Find a conference room or office where agents can wait. This can limit workplace disruptions.

What to do when ICE shows up at the workplace

Businesses should enact their response plan immediately when immigration officials arrive.

Before ICE agents can enter private areas of your business (public areas are parking lots or lobbies), they must present a valid warrant to conduct their search.

As when a warrant is presented at a private home, at the workplace a valid warrant must be issued by a court, have the correct name and address of the person being seized and be signed by a judge or magistrate judge.

Businesses should ensure that employees know their rights and that they should refrain from engaging with ICE officials, according to the National Employment Law Project.

If ICE agents have questions or requests, workers should not respond and instead direct the officials to speak with their employer.

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