What To Do When Encountering ICE Agents

In recent months, ICE activities have been observed all across the state of New Jersey. From a local nurse suing the federal government after being thrown to the ground to raids in Asbury Park as recently as August 5 to inhumane conditions in Delaney Hall, ICE presence has been a major part of local, state, and national news since President Trump retook office.

Students as young as 19, like the case of Jose Noel Portilla Ulloa, are being picked up and detained by ICE, emphasizing why its important for people of all ages to stay informed and aware. Here  is a list of things you can do to keep yourself as safe as possible.

What to Do

Remain calm– Do not try to resist or reach for your belongings without approval. ICE agents have, in the past, as was the case with Norma Bowe, resorted to violence. As frustrating as it can be, remaining calm is the safest possible option.

Always carry documents– If you are an immigrant and over the age of 18, you are required to carry valid, non-expired immigration documents at all times. Even if you are a U.S. citizen, it is always helpful to carry proof of citizenship regardless of the situation 

Have a plan– If you are arrested, have an emergency plan with your loved ones detailing the next course of action. Things like having important contacts, such as loved ones’ phone numbers and legal contacts, memorized can make an otherwise stressful situation slightly more manageable. 

If you are in your car– Make sure you have your driver’s license, vehicle registration, and insurance card with you. A state-issued license can serve as identification.

If you are on the street– As mentioned earlier, always carry personal documentation with you. Having these important documents on hand will be your best chance at a non-dangerous encounter. 

If you are in your home– ICE does not have the legal right to enter your home without clear authorization (from either you or a judge). Without something like a warrant, or your verbal consent to enter the premises, they are prohibited from entering. While this may not completely erase the chance of danger, this knowledge can be helpful. 

One party consent- New Jersey is a one-party consent state. This means that you are legally allowed to record any conversation that you are a participant in. Document any encounter with ICE agents by taking notes, photographs, or recordings when and where it is safe and legal to do so.

Remain honest– Do not use fake documents or lie about any personal information. Doing this can and typically will be used against you.

Your Rights and If They Are Violated

You have the right to remain silent.

You have the right to ask for an attorney.

You have the right to refuse to sign documents.

You have the right to demand a judicial warrant for ICE to search your home or job. If they do so anyway, do not resist, but make it clear you do not consent and record any conversation. 

As part of an Executive Order signed by Governor Mikie Sherrill in February, the Office of the Attorney General has a statewide portal where New Jerseyans can upload incidents with federal agents.

Further Resources

Know Your Rights Wallet Cards: Provided by the New Jersey chapter of the American Civil Liberties Union, these cards are available both in English and Spanish. 

New Jersey’s Detention and Deportation Defense Initiative: This initiative provides resources for immigrants and their relatives if they are facing deportation. These resources include free or low-cost legal services.

New Jersey Immigrant Trust Directive: This was passed to protect immigrants who want to report crime to local and state police officers. The directive details what officers can and can’t do with regard to ICE activities.

To learn more about your rights, visit the New Jersey Department of Human Services.