Knowing your Rights in a DHS Crackdown

Over the past few weeks, the Department of Homeland Security (DHS) has come down heavily on undocumented immigrants across the country as part of its so-called Secure Border Initiative.

The DHS, through its component agency Immigration and Customs Enforcement (ICE), is targeting employers who are hiring undocumented immigrants with the objective of identifying and removing criminal aliens, fugitives and other immigration violators, according to a report from the American Immigration Lawyers Association (AILA).

Making an Example

Interior enforcement, which is focused on the employment of undocumented immigrants, is part of the Secure Border Initiative.

To demonstrate the government’s resolve to clamp down on illegal immigration, the ICE agents arrested seven managers of IFCO Systems North America, Inc. (IFCO), the largest pallet company in the country. In addition, over a thousand undocumented immigrants allegedly hired by IFCO in 26 states were apprehended. The arrest was the culmination of a yearlong investigation by federal investigators as well as state and local police.

IFCO was reported to have hired an undocumented immigrant-turned-ICE informant who was purportedly reimbursed by the company for bogus identity documents and for recruitment of undocumented immigrants.

The investigation also included the social security numbers in the IFCO payroll for 5,800 employees, which supposedly showed that more than half of them were either invalid, unmatched or belonged to children or deceased persons.

Homeland Security Secretary said that the raid was intended to show that the ICE will not tolerate employers who perpetuate a shadow economy and that it will use all investigative tools at its disposal to bring such employers, whether big or small, to justice.

Sweeping Action

A recent AILA update revealed that more raids have been conducted by the ICE. The interior enforcement efforts include both employer investigation and sweeps looking for individual alien absconders.

The AILA has received reports that several raids have been conducted in New York and New Jersey, specifically, in Brentwood, Bay Shore and Farmingville in Long Island, and in Newark, Elizabeth, Willowbrook and at the Garden State Plaza in northern New Jersey.

So-called multi-state raids have targeted specific companies in New York, Ohio and Illinois. Some 180 deportation order arrests have also been made in Florida.

Know Your Rights

In light of this nationwide crackdown against undocumented immigrants, it would be advisable for noncitizens, in general, to reacquaint themselves with the fundamental rights they have under the US Constitution.

First of all, every person has the right to remain silent. This means, whether a person is a US citizen or not, s/he has the right not to answer questions from a law enforcement officer or other government agent.

Opting to remain silent is the most prudent way to respond to questions from the police or other government agent because any bit of information, no matter how harmless it may seem, can be used against the person arrested or someone else.

It must be kept in mind that although government agents lie to the person arrested or to use any form of trickery to extract information, lying to government agents is a crime. This is why remaining silent is a basic right. In addition, the person arrested is entitled to speak to a lawyer.

It is advisable to obtain the advise of a lawyer before agreeing to talk to any government agent, even if the person is under arrest or in detention. Only a judge can order a person to answer. In some states, like California, it would be considered a crime if a person refuses to give his / her name if detained. In any event, a person need not give any other information such as his/ her address or immigration status.