When an Agent Knocks
In the chilling opening scene of the documentary “Immigration Nation” (2020), at least five armed agents in tactical gear crowd into a narrow hallway outside apartment 34B.
It’s early morning, still dark outside, and one of the officers raps loudly on the metal door nine times. “Policia,” he announces.
On the other side of the closed door, a muffled voice asks who they are looking for. The officer applies pressure: “We’re not gonna yell out in the hallway through a closed door ma’am. That’s not how we do business. Please open the door so I can talk to you.”
Tentatively, a woman, also known as the daughter, opens the door just enough to peer around it. The officer explains in a deceptively reasonable tone, “We need to come in and talk to you. Somebody we’re looking for has been using this address.”
Whether from fear, confusion, politeness, or blind hope, she opens the door wider. What happens next happens very quickly: The agents enter the premises, identify the “Tango” or target, also known as the father, and place him under arrest.
As he is being led out the door in handcuffs, the daughter, who has been trying so hard to navigate the sudden chaos, wakes up to the gravity of the situation and asks to see a warrant. The officer insists that he is “not obligated to show the warrant to anybody,” which is untrue. “Trust me,” he says, without a hint of irony, “I’m not in here without it. I have a warrant for his arrest.”
Desperately, she asks again if she can see “any paperwork that shows you guys have permission to come in here.” The officer reiterates that he has a warrant, finally produces a piece of paper like he is doing her a favor, and then says, with a completely straight face:
“Plus, you opened the door and let me in.”
The Immigrant Legal Resource Center (ILRC) anatomized this scene and noted that the agents did not state their motives while the door was closed, that they lied and used intimidating tactics, and that it was unclear whether they had an administrative or judicial warrant, which is a critical distinction. Administrative warrants are just a form. They are not signed by a judge and do not allow officers to enter your home without your consent.
What this scene makes painfully clear is that it is critical to know how to exercise your rights during encounters with law enforcement.
When an agent knocks:
Stay calm.
Contact a Rapid Response Network in your area. These networks can help to protect immigrant families from deportation threats in real time.
Do not open the door. Teach children to not open the door. Do not step outside.
Remember that you have a right to remain silent, which means that you do not have to answer any questions.
Slide a copy of the “red card” under your door, if possible. Red cards, which do not have to be red, help people assert their rights and defend themselves. Templates for 18 languages are available from the Immigrant Legal Resource Center.
You can maintain your right to silence and still ask the officers:
To identify themselves (Which police precinct? Are they ICE?)
To state why they are at your home.
To show you a badge or identification through the window or peephole.
To verify they have a warrant signed by a judge that identifies a person or areas to be searched.
To slide the warrant under the door or hold it up to a window so you can inspect it.
If the officers DO NOT have a signed judicial warrant, keep the door closed and state, “I do not consent to your entry.”
If agents force their way in, do not resist or run away, which can be used against you. Reaffirm your rights by stating:
“I do not consent to your entry or to your search of these premises.”
“I am exercising my right to remain silent.”
“I wish to make a phone call and speak with a lawyer as soon as possible.”
Once agents are inside, protect your rights:
Do not sign anything, which could eliminate your right to speak to an attorney or to have a hearing in front of a judge.
Do not show false documents or give false information.
Do not show documents issued by another country to an ICE officer, such as a consular identity document or a passport from your country of birth.
Do not surrender any originals of important documents.
Take photos and video record, if you can do so safely.
Before the officers leave with your friend or family member, it is critical to confirm to where they will be taken and their 9-digit “A number." If they have filed a previous immigration application or were allowed to enter after being arrested at the border, it’s likely they will already have an A# on any immigration documents.
After the raid, record as many details as possible:
Number of agents (inside and outside)
Names and badge numbers, if possible
Physical description of officers and how they were armed
Names and phone numbers of any witnesses
Whether and how agents mistreated anyone
As soon as possible, get help and stay connected:
Seek qualified and reputable legal counsel. Immigration Advocates Network is one nationwide resource.
Contact a local Rapid Response Network, if you haven’t already. They can provide accompaniment support during and after a community member’s arrest or detention.
Locate your friend or family member via the Online Detainee Locator System maintained by ICE. You can search by either the A number and country of birth or with biographical information.
This post is intended to be part of a series and its main purpose is to collect in one place the advice of more knowledgeable organizations. It is not intended as legal advice. Talk to a lawyer as soon as possible for legal advice about your specific situation.
SOURCES: National Immigration Law Center, Immigrant Legal Resource Center, American Civil Liberties Union, Immigrant Defense Project, National Immigrant Justice Center