Llama al 911 si ICE intenta entrar en tu hogar sin orden judicial: Lea sobre sus derechos en Español.
As Immigration and Customs Enforcement (ICE) agents deploy increasingly aggressive tactics to detain and deport immigrants, including detaining hundreds of U.S. citizens, the Boulder County District Attorney’s Office is reissuing guidance about how to respond to ICE.
According to the memo from District Attorney Michael Dougherty’s office, law enforcement officers in Boulder County do not ask questions about a person’s immigration status. If officers learn that someone is undocumented, they will not report that information to ICE. Residents are encouraged to report misconduct by ICE to police or prosecutors. Claims will be investigated, and charges may be filed if illegal activity is found.
Key takeaways from the DA’s office
If ICE attempts to enter your home without a judicial warrant, call 911.
An internal ICE memo (leer en Español) recently asserted that agents could enter homes without a judicial warrant, instead relying on a narrower administrative warrant that can be issued by immigration authorities.
The DA’s Office is reasserting that residents do not have to open their door unless ICE presents a judicial warrant signed by a judge. To determine whether a document is a judicial warrant, residents should look for the word “warrant” and the name and signature of a federal judge.
There have been multiple documented cases of ICE agents entering homes without judicial warrants in Minnesota. However, Shannon Carbone, a spokesperson for the District Attorney’s Office, said that to their knowledge, ICE has not done so in Colorado.
“If ICE attempts to do so, we strongly encourage people to call 911,” she said. “Local law enforcement will respond. Document and record the attempt to enter as well.”
You are allowed to film and voice record ICE activity.
Both immigrant rights groups and Dougherty’s office advise residents not to obstruct ICE agents or put themselves or others at risk.
You do not have to answer questions about your immigration status. You have the right to remain silent.
You can ask if you are free to leave. If the answer is yes, you may walk away.
It is illegal to make civil immigration arrests at courthouses, probation offices, medical facilities or schools in Colorado.
Residents may call 911 if they see immigration officials breaking this law.
“Sanctions can be brought if ICE violates those prohibitions,” Carbone told Boulder Reporting Lab. “For example, with an arrest at the courthouse, it can result in a civil suit by the attorney general, agents being held in contempt by the DA and chief judge, and/or a lawsuit brought by the individual.”
Carry immigration documents with you.
“Our understanding is that non-citizens should carry their immigration documents with them,” Chief Deputy District Attorney Christian Gardner-Wood told Boulder Reporting Lab. “Certainly in the current climate, and with what we have seen from the behavior of ICE nationwide, it is best for individuals to make sure they have documentation in an effort to be safe.”
If you are a U.S. citizen or lawful resident, immigrants rights groups and the ACLU advise showing immigration agents a passport or other documentation of status. If you are undocumented, you have the right to remain silent.
Immigration officials must have reasonable suspicion to stop someone and probable cause to make an arrest. Without reasonable suspicion or probable cause, “any evidence obtained from the encounter would be suppressed,” in court, according to Gardner-Wood.
If it passes this year, a proposed state bill would also allow individuals to sue immigration officials in state court for constitutional violations.
If you witness any misconduct by ICE or other federal agents, you can report it to 911, your local District Attorney’s Office or the Attorney General’s Office.
You can reach the District Attorney’s office at 303-441-3700, and the Colorado Attorney General’s Office at 720-508-6000 or online at www.coag.gov.
“If there is an incident in Boulder County involving ICE, there will be a full investigation and charges brought for any illegal activity,” Dougherty’s guidance reads. “No one is above the law.”
Training and additional resources
The DA’s Office offers trainings on legal protections for immigrants, how to protest safely, and the authority of local law enforcement and prosecutors, which you can inquire about by emailing boulderda@bouldercounty.gov.