Immigration enforcement in 2025 has become increasingly aggressive, with expanded powers under the Laken Riley Act and controversial proposals to suspend constitutional protections like habeas corpus. At Maghzi Law Firm in Charleston, SC, we understand how frightening and confusing it can be to face detention by Immigration and Customs Enforcement (ICE). This guide outlines your rights and the steps you should take to protect yourself and your loved ones.
Know Your Rights — Remain Calm and Silent
Regardless of your immigration status, you have constitutional rights:
- Right to Remain Silent: You are not obligated to answer questions about your birthplace, immigration status, or how you entered the U.S. If you choose to remain silent, clearly state, “I choose to remain silent”.
- Right to Refuse Searches: ICE officers cannot search you or your belongings without your consent or a valid warrant. If an agent attempts to search you, say, “I do not consent to this search”.
- Right to Legal Representation: You have the right to consult with an attorney. If detained, request to speak with a lawyer immediately.
If ICE Approaches You in Public
- Do Not Run: Stay calm and do not flee, as this can be used against you.
- Ask About Your Status: Politely ask, “Am I free to leave?” If the officer says yes, you may calmly walk away. If they say no, you are being detained.
- Do Not Provide False Documents: Never present false identification or documents, as this can lead to criminal charges.
If ICE Comes to Your Home
- Do Not Open the Door: ICE cannot enter your home without a valid judicial warrant. Ask them to slide the warrant under the door for inspection. Administrative warrants (ICE warrants) do not grant them the right to enter.
- Do Not Consent to Entry: If they do not have a valid warrant, you are not required to let them in.
If You Are Detained
- Do Not Sign Anything Without Legal Advice: You may be presented with documents to sign. Do not sign anything without consulting an attorney, as it may waive your rights or agree to voluntary departure.
- Request a Lawyer: Assert your right to legal counsel. If you cannot afford one, ask the court to appoint an attorney for you.
- Contact Family or Friends: Memorize important phone numbers, as you may not have access to your personal contacts while detained.
For Family Members: Locating a Detained Loved One
- Use the Online Detainee Locator System: ICE provides an online tool to locate detained individuals. You will need the person’s full name, date of birth, and country of birth.
- Contact Local ICE Offices: Reach out to the ICE Enforcement and Removal Operations (ERO) field office in your area for information.
- Consult with an Immigration Attorney: An experienced attorney can assist in locating and advocating for your detained loved one.
How Maghzi Law Firm Can Help
At Maghzi Law Firm, we are committed to protecting the rights of immigrants in Charleston. Our services include:
- Legal Representation: Providing experienced counsel during detention and deportation proceedings.
- Family Support: Assisting families in locating detained loved ones and navigating the legal process.
- Know Your Rights Education: Offering resources and workshops to inform the community about their rights.
If you or a loved one is facing detention by ICE, contact Maghzi Law Firm immediately for a confidential consultation. We are here to stand by you and fight for your rights.