As we enter our eleventh month of the Trump Administration’s regime, it doesn’t need to be said that things are extremely stressful and uneasy right now. This is especially the case in Chicago, where ICE presence is rapidly increasing, and the threat of the National Guard being deployed is indefinitely looming over us.
To put it bluntly, things are very unsafe in Chicago right now, particularly for our black and brown communities. Although our current climate is exceedingly frightening at the current moment, we cannot let this hinder us. Despite what they want you to believe, we do still have rights that we can use to protect not only ourselves but the people around us as well.
That’s what this article is about: to make sure you know what to do if the worst comes to worst. I will be going over what to do if you encounter ICE, if you are detained, and if you see ICE elsewhere.
To put it bluntly, things are very unsafe in Chicago right now, particularly for our black and brown communities. Although our current climate is exceedingly frightening at the current moment, we cannot let this hinder us. Despite what they want you to believe, we do still have rights that we can use to protect not only ourselves but the people around us as well.
That’s what this article is about: to make sure you know what to do if the worst comes to worst. I will be going over what to do if you encounter ICE, if you are detained, and if you see ICE elsewhere.
**VERY IMPORTANT NOTICE
I myself have been through numerous Know Your Rights trainings over the past few years, as is required by the community organizations I am a part of. HOWEVER, I am not a legal advisor nor do I claim to be a professional in any sense of the word. My resources will be cited at the end, but I would encourage everybody reading this to do your own research and don’t only take my word. I am simply the messenger of this information.
I myself have been through numerous Know Your Rights trainings over the past few years, as is required by the community organizations I am a part of. HOWEVER, I am not a legal advisor nor do I claim to be a professional in any sense of the word. My resources will be cited at the end, but I would encourage everybody reading this to do your own research and don’t only take my word. I am simply the messenger of this information.
What To Do If You Personally Encounter ICE
As we know, ICE has been doing a lot of raids on the south, west, and east sides of Chicago, on top of patrolling the downtown area and arresting anybody who looks brown or even black. Therefore, the chances of you having a personal ICE encounter are likely. If this happens to you, this is what you should do:
General Rule Of Thumb:
As we know, ICE has been doing a lot of raids on the south, west, and east sides of Chicago, on top of patrolling the downtown area and arresting anybody who looks brown or even black. Therefore, the chances of you having a personal ICE encounter are likely. If this happens to you, this is what you should do:
General Rule Of Thumb:
- You have the right to remain silent. Anything you say can and will be used against you. It is advised not to discuss with them until you have a lawyer present.
- Do not sign anything unless it is lawyer-advised.
- Stay calm. Do not run, argue, resist, or fight, even if your rights are being violated. Keep your hands where they can see them at all times.
If ICE tries to raid your home, do NOT open the door for them under any circumstances. Instead:
- Ask for a judicial warrant through a window or under the door.
- Confirm that the judicial warrant was signed by a judge.
- Officers might show you an ICE form that is signed by an ICE official. These are not judicial warrants; therefore, it does not grant them access to enter your home without consent. Only judicial warrants that have been signed by a judge grant them access to your home without consent.
- Ask if you are free to leave.
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- These two are ICE forms. They will NOT grant ICE permission to access your home without consent.
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*(p.s., ICE and police officers can and will try to fake judicial warrants. Always confirm it is a real warrant by confirming there is a warrant out under your name.) |
- If you are pulled over by officers, ask if they are from Immigration Customs and Enforcement (ICE) or Customs and Border Patrol (CBP). ICE officers often try to identify themselves as police (i.e., wearing police vests), but they are not.
If the officer who is pulling over ICE or CBP:
- If you are a US citizen and are documented, tell the officer where you are reaching to show proof of your citizenship (passport, legal permanent resident card, work permit, or other documentation of your status).
- If you are undocumented, you have the right to remain silent. Do not discuss your immigration status, and especially do NOT lie about your immigration status. Anything you say can and will be used against you in court.
- If you are outdoors and spot ICE and you’re in a vulnerable community, move to a safe place indoors.
What To Do If You or Someone You Know Is Detained By ICE
It’s important to note that if you physically appear to be black or brown, you are at risk of being detained. ICE is allowed to racially profile anybody, and they are not being restricted. Even if you don’t think you’re at risk, it’s good information to know in case worst comes to worst for you or someone you know.
If someone you know has been detained by ICE:
They will NOT have a hearing if:
It’s important to note that if you physically appear to be black or brown, you are at risk of being detained. ICE is allowed to racially profile anybody, and they are not being restricted. Even if you don’t think you’re at risk, it’s good information to know in case worst comes to worst for you or someone you know.
If someone you know has been detained by ICE:
- Ask for their A-Number. This number is typically given upon arrest, or they might already have one if they previously filed an immigrant application, or they’ve been arrested at the border and allowed inside the country. The A-Number should be on their immigration documents.
- Use the link https://locator.ice.gov/odls/#/search to locate which detention center they are in. You can use the A-Number or biological information to locate them. You can contact the detention center by using the link https://www.ice.gov/detention-facilities. You can call the number to the detention center to schedule calls or visits.
- Gather any immigration or criminal documents.
- Use the link https://acis.eoir.justice.gov/en/ or call 1-800-898-7180 for their immigration court hearing.
But will they even have a hearing? - They have an outstanding removal order (Typically because the person missed court, lost their immigration case, or was not eligible for a court hearing)
- They have an expedited removal order (Rapid deportation without a hearing)
- Prior deportations
- Aggravated felony offenses
They will NOT have a hearing if:
- They have an outstanding removal order (Typically because the person missed court, lost their immigration case, or was not eligible for a court hearing)
- They have an expedited removal order (Rapid deportation without a hearing)
- Prior deportations
- Aggravated felony offenses
It is important to know that ICE has been using more expedited removal orders and has been detaining people who did have a court hearing, preventing them from attending it. If an expedited removal was ordered at a court hearing, you can oppose the dismissal of your case. Use this link to know what to say if this happens.
What if they do have a hearing?
What if they do have a hearing?
- Go to immigrantjustic.org to know what to do at the hearing.
- You do not have the right to a lawyer for immigration hearings; therefore, you might not be able to afford one. However, there are organizations you can contact to get a lawyer for cheap; however, it is not guaranteed. Resources will be provided at the end.
What To Do If You Spot ICE
One of the most important things we can do as a community during a time of heavy censorship is to document. There are numerous groups and organizations dedicated to recording ICE raids and reporting them to warn the people in the area. But how do you do this safely?
(P.S. I would really only suggest this if you aren’t in the communities that are being targeted. Use your privileges as a documented citizen to your advantage.)
But you might be asking, what should you include in the recording?
One of the most important things we can do as a community during a time of heavy censorship is to document. There are numerous groups and organizations dedicated to recording ICE raids and reporting them to warn the people in the area. But how do you do this safely?
(P.S. I would really only suggest this if you aren’t in the communities that are being targeted. Use your privileges as a documented citizen to your advantage.)
- You have the right to record ICE and law enforcement in public as long as you’re not interfering with what they’re doing. This includes inside/outside courthouses and, of course, in public settings.
- If you see an arrest or raid happening, and if it is safe to do so, record them.
Most important things to remember: - Make sure you have a clear shot of the location. This includes any landmarks and street signs.
- Record an exact date and time by saying it out loud or pointing your camera towards a clock, watch, or phone that shows the date and time.
- Keep your distance. This is the best way to make sure you keep yourself safe.
- Avoid recording the victim(s’) face or anything that can be used to identify them. Especially if you don’t have their consent. If you can ask for consent, do so.
- Officers cannot tell you to stop recording; however, if you feel as if your well-being would be endangered if you don't comply, make the best decision for yourself and continue at your own risk.
But you might be asking, what should you include in the recording?
- Verbally describe what is happening. What are they doing? What is the officer wearing? What is the exact location?
- Try to capture their badge (or lack thereof). If you can’t capture it on camera, verbally say their badge number.
- How did they present themselves? Did they present themselves as police or any other abbreviations, such as CBP (Customs and Border Protection), BSO (Border Services Officer), DEO (Detention and Deportation Officer), etc., instead of ICE?
- Did they present a warrant or refuse to do so?
- Gather information on the vehicle the officers are driving. What is the license plate number? What type of car is it? What color is it?
- Record any paperwork that is present.
- Include any other law enforcement that is present, such as state/local police and the National Guard.
- What is being said by both parties? Especially if it's violent language.
- Record any injuries caused by the officer.
- Include other surveillance cameras in case other angles are needed.
- If you cannot continue to record, you can instead write down what is happening. Bearing witness in any form is incredibly valuable.
- You can also just record audio, which could also be helpful in one-party consent states such as New York, meaning you don’t need the other person’s consent to record. Unfortunately, Illinois is a two-party consent state, meaning you need the other person’s consent to record, so if you can get consent, it would be advised to do so.
- Not recording and just writing could also allow you to safely get closer to the scene without being in possible danger.
- Make sure to include the details that I listed above.
General rules to keep you and yourself safe: - Do not use your fingerprint or facial recognition when logging into your phone to record. Officers cannot force you to give them your passcode without a warrant; however, they might try to unlock your phone via your fingerprint or facial recognition.
- Do not make any sudden movements, officers only want to protect themselves. If they feel you are up to something, they will attack you and say your provoked them. Stay calm.
- Keep a legal support number or a trusted contact on standby in case you need any additional advice. Immigrant Defense Project (IDP) can give you criminal-immigration advice and support via their number: 212-725-6422.
- Do not allege anybody's immigration status, criminal record, or anything else personal to the victim(s) in the video. Those things can and will be used against them in court. You are only there to document what's happening.
After you are done recording, do not immediately post the video onto any socials unless you have consent from the victim(s) to be recorded. This could put them at risk for further harm or harassment by exposing their identity and personal details. Talk to a lawyer or advocacy group before making anything public. - You should, however, post any ICE sightings you see on social media to create awareness. Details such as location, vehicle information, and how many are very important and tell people where they should avoid. You can also report ICE sightings on websites and groups such as the ICE Activity Tracker or the Family Support Network Hotline (855-435-7693).
- More information on where you can report ICE sightings will be added to the additional information.
REMINDER:
This article was NOT made to create fear or uncertainty.
The last thing I want to do is fearmonger or make you feel like everything is helpless. The things that were discussed in this article are things everybody should know, regardless of identity and how much risk you are at. When we’re under a fascist regime, what’s most important is knowing how to care for your community because, at the end of the day, this affects everybody besides the richest 1%.
As stated previously, you should 100% do your own research before taking my word on anything.
Below will be my works cited and additional resources you can use in case you still have some questions. The majority of this information was created under the assumption that the reader lives in the Chicagoland area. If you live elsewhere, some of the laws and resources might not apply to you, so you should do your own research for the area you are in.
Remember to stay safe and be aware of your surroundings!
This article was NOT made to create fear or uncertainty.
The last thing I want to do is fearmonger or make you feel like everything is helpless. The things that were discussed in this article are things everybody should know, regardless of identity and how much risk you are at. When we’re under a fascist regime, what’s most important is knowing how to care for your community because, at the end of the day, this affects everybody besides the richest 1%.
As stated previously, you should 100% do your own research before taking my word on anything.
Below will be my works cited and additional resources you can use in case you still have some questions. The majority of this information was created under the assumption that the reader lives in the Chicagoland area. If you live elsewhere, some of the laws and resources might not apply to you, so you should do your own research for the area you are in.
Remember to stay safe and be aware of your surroundings!
- Thank you to everybody who helped me gather resources for this. Writing this would’ve been ten times harder and time-consuming than it already was without you all!
Works Cited:
Additional Resources:
Additional Resources:
KIO WALLACE
