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San Francisco News > Blog > News > What San Jose residents can do if stopped by ICE
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What San Jose residents can do if stopped by ICE

By Miles Cooper
News
February 2, 2025
What San Jose residents can do if stopped by ICE
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What San Jose residents can do if stopped by ICE

(BCN) — U.S. Immigration and Customs Enforcement (ICE) brokers have been just lately noticed in East San Jose, as mass deportation orders beneath President Donald Trump are being carried out nationwide.

With concern being stoked in immigrant communities, people ought to know their rights and be ready if approached by ICE brokers, Chava Bustamante, former government director of Latinos United for a New America, mentioned.

“People need to understand that they have certain rights that the Constitution provides,” he instructed San Jose Highlight. “Nothing matters more. We know we have the right to due process.”

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Realizing how to reply to ICE brokers when approached may help alleviate some concern. San Jose Highlight requested advocates for recommendation on the best way to deal with coming into contact with ICE. Under is details about being ready, what to do and what not do when confronted by ICE brokers. There are additionally assets, together with the hotline for the Fast Response Community — a coalition of community-run organizations that shield immigrants and their households from deportation raids.

In immigration crackdown, Trump targets authorized pathways

What ought to somebody do if approached by ICE?

People have the appropriate to stay silent and never reply any questions beneath the Fifth Modification of the U.S. Structure. If ICE asks to see paperwork, they’ve the appropriate to refuse such a request.

Jeremy Barousse, director of coverage and organizing for Amigos de Guadalupe, mentioned when people are stopped by ICE, they need to first ask in the event that they’re being detained. If no, the person has the appropriate to stroll away. If brokers say sure however don’t have an arrest warrant, the person ought to stay silent and never signal something whereas asking to talk to an lawyer, regardless if ICE has a warrant or not, Barousse mentioned.

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ICE might cease individuals on the street who seem like they just lately crossed the border, Bustamante mentioned. He advises individuals to decorate up when they’re going out, and to keep away from working or doing something to lift suspicion.

What ought to somebody do if ICE involves their house?

ICE brokers can’t enter a house with out a warrant, and it should be signed by a decide. American Civil Liberties Union means that households not open the door and as an alternative ask the agent to slide the warrant beneath the door. Barousse warns individuals to look out for false warrants that aren’t signed by a decide.

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“That could be seen as a tactic of ICE that we’ve seen in the past,” Barousse instructed San Jose Highlight. “They were using administrative memos. It wasn’t signed by a judge, it was actually signed by a local ICE supervisor.”

How can somebody restrict their interactions with ICE?

Bustamante advises individuals to keep away from areas frequented by immigrants which might be possible targets for ICE. That features avoiding massive Mexican markets and church. If somebody goes to a bar, they shouldn’t get intoxicated and drive. That creates a purple flag and may contain legislation enforcement.

“Fly low as much as you can,” Bustamante mentioned. “Make sure that you do not commit mistakes that will put you in the hands of the authorities.”

How can somebody put together for an ICE encounter or detainment?

Bustamante suggests households ought to put together for ICE in the identical approach individuals put together for earthquakes. Households ought to have a person plan specified by case of a detainment, and carry the quantity for the Fast Response Community and a know-your-rights card always.

If somebody is about to be detained, they’ve the appropriate to name a member of the family to tell them of what’s occurring. That member of the family ought to then name the Fast Response Community for help. If taken into custody, people have the appropriate to contact a lawyer instantly.

Locations resembling colleges, church buildings and sure companies ought to have particular protocols in place to cease ICE from getting into with out a warrant.

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