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With the second Trump Administration, U.S. Immigration and Customs Enforcement (ICE) may attempt to detain and deport many non-citizens. The following is guidance if you are stopped or arrested by ICE.
Remember that local police in New York City and New York State can and already do share information with federal immigration officials. You have the right to remain silent about your country of birth, your immigration status, and how you entered the U.S. if you are asked by ANY law enforcement officials.
If you are arrested and miss a criminal court date, a warrant for your arrest could be issued and this could hurt your immigration options. If you missed your criminal court date, call your attorney as soon as possible. A warrant could hurt your immigration case.
An encounter with ICE will likely be stressful and frightening. You may want to know what documents you should carry with you if you choose to show them to the ICE officer during an encounter. These are general recommendations, and are not intended to replace consulting with a qualified immigration expert.
Depending on your immigration situation, you should keep certain important documents with you.
You are not required to carry identification.
But if you are incorrectly profiled as a non-citizen, you may be detained and fingerprinted while ICE or the police try to determine your identity.
You should carry your Lawful Permanent Resident card (green card).
You should also keep a paper copy of your card (both front and back) in a safe place, and also keep a photo or other electronic copy (both front and back) saved in a safe location.
You should carry your work permit card.
You should also keep a paper copy of your receipt notice and any other immigration related documents in a safe place, and also keep photos or other electronic copies saved in a safe location.
You should carry your Immigration Court hearing notice.
You should also keep a paper copy of your hearing notice and any other immigration related documents in a safe place, and also keep photos or other electronic copies saved in a safe location.
You should carry proof of your physical presence in this country for the last 2 years.*
This may include copies of:
Remember that you will need to update documents monthly to show the most recent two years of presence in the U.S. at all times.
*The reason 2 years is significant is because of an expanded policy called Expedited Removal. It may let ICE detain and deport you without the chance to defend yourself before an Immigration Court judge if ICE thinks you have been here for less than 2 years. If ICE detains you for this reason and you are afraid to return to your country of origin, you should tell the officer immediately that you are afraid of returning and request a Credible Fear Interview.
You do not need to carry any particular documents, including any documents showing your physical presence in the U.S.
We do not recommend carrying documents that identify your nationality or country of origin.
Remember that you have the right to remain silent, and that you do not have to answer any questions asked by any immigration officials or other law enforcement officers.
But if ICE detains you and you are afraid to return to your country of origin, you should tell the officer immediately that you are afraid of returning and request a Credible Fear Interview.
This resource has been translated and is available for download in Arabic, Chinese, Creole, French, Korean, Pular, Russian, and Spanish.
The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.