People stand with protest signs
The Rapid Response Network is a coalition of community organizations working to protect immigrants and their families from deportation raids. File photo.

U.S. Immigration and Customs Enforcement (ICE) agents have been recently spotted in East San Jose, as mass deportation orders under President Donald Trump are being carried out nationwide.

With fear being stoked in immigrant communities, individuals should know their rights and be prepared if approached by ICE agents, Chava Bustamante, former executive director of Latinos United for a New America, said.

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

Knowing how to respond to ICE agents when approached can help alleviate some fear. San José Spotlight asked advocates for advice on how to handle coming into contact with ICE. Below is information about being prepared, what to do and what not do when confronted by ICE agents. There are also resources, including the hotline for the Rapid Response Network — a coalition of community-run organizations that protect immigrants and their families from deportation raids.

What should someone do if approached by ICE?

Individuals have the right to remain silent and not answer any questions under the Fifth Amendment of the U.S. Constitution. If ICE asks to see documents, they have the right to refuse such a request.

Jeremy Barousse, director of policy and organizing for Amigos de Guadalupe, said when individuals are stopped by ICE, they should first ask if they’re being detained. If no, the individual has the right to walk away. If agents say yes but don’t have an arrest warrant, the individual should remain silent and not sign anything while asking to speak to an attorney, regardless if ICE has a warrant or not, Barousse said.

ICE may stop people in the street who look like they recently crossed the border, Bustamante said. He advises people to dress up when they are going out, and to avoid running or doing anything to raise suspicion.

What should someone do if ICE comes to their home?

ICE agents cannot enter a home without a warrant, and it must be signed by a judge. American Civil Liberties Union suggests that families not open the door and instead ask the agent to slip the warrant under the door. Barousse warns people to look out for false warrants that are not signed by a judge.

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

Resources

Immigrant rights advocates advise people call the Santa Clara County Rapid Response Network at (408) 290-1144 if they see or are contacted by ICE agents.

Amigos de Guadalupe

LUNA

SIREN

Guides:

How can someone limit their interactions with ICE?

Bustamante advises people to avoid areas frequented by immigrants that are likely targets for ICE. That includes avoiding large Mexican markets and church. If someone goes to a bar, they shouldn’t get intoxicated and drive. That creates a red flag and can involve law enforcement.

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

How can someone prepare for an ICE encounter or detainment?

Bustamante suggests families should prepare for ICE in the same way people prepare for earthquakes. Families should have an individual plan laid out in case of a detainment, and carry the number for the Rapid Response Network and a know-your-rights card at all times.

If someone is about to be detained, they have the right to call a family member to inform them of what is happening. That family member should then call the Rapid Response Network for assistance. If taken into custody, individuals have the right to contact a lawyer immediately.

Places such as schools, churches and certain businesses should have specific protocols in place to stop ICE from entering without a warrant.

Editor’s note: Jeremy Barousse is a relative of San José Spotlight co-founder Josh Barousse.

Contact Joyce Chu at [email protected] or at @joyce_speaks on X.

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