Navigating the Legal System After an ICE Arrest: What You Need to Know - The Law Office of Rosina Stambaugh
We will be temporarily closed from 12pm - 5pm on Friday of this week for an internal staff training.

Breaking down
the barriers
to immigration!

Navigating the Legal System After an ICE Arrest: What You Need to Know

Latest News

What is an ICE Arrest?

Immigration and Customs Enforcement (ICE) and Enforcement and Removal Operations (ERO) run and manage programs and initiatives to identify, investigate, arrest, prosecute, and remove non-citizens from the United States if they’re unlawfully in the country.
ERO uses intelligent-driven leads and law enforcement to identify non-citizens who may threaten national security or public safety. If found to undermine the integrity of the US immigration laws, they will be subjected to targeted enforcement actions. It’s advisable to contact skilled immigration lawyers in Pennsylvania if you or a loved one is subjected to an ICE arrest.

Who Might Try to Ask Me About My Immigration Status?

Any law enforcement officer can legally ask you about your family members, immigration status, background, and other relevant questions concerning your citizenship. These law enforcers can be from the immigration department, local and state police, and federal agents
Immigration is a term that refers to Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP). The agencies oversee immigration enforcement within the United States and at the borders. You could mistake ICE officers for police officers as they often impersonate them by wearing tactical gear and police badges.

What are My Rights When Stopped, Arrested, or Detained by Law Enforcement?

If you lack US citizenship, you must be careful when encountering law enforcement at the border or within the United States. You have the same constitutional rights as US citizens when you meet law enforcers at work, at a traffic stop, on the street, or at home. However, you may have fewer rights when interacting with the officers at the border or airport.
If you’re arrested or detained by the ICE because they deem you a public threat, knowing your rights and how to conduct yourself can make all the difference in your case. Contact a skilled Deportation defense lawyer in Pennsylvania immediately after your arrest for legal counsel and representation.

How Does ICE Funnel People into the Detention and Deportation System Through the Local Justice System?

ICE officers use local and state criminal justice systems to find non-US citizens who may be eligible for deportation and push them into the detention and deportation system. The collaboration is complex, so you shouldn’t attempt to fight back by yourself when subjected to the system.
An experienced deportation defense lawyer in York, PA, can fight aggressively to protect you from the risk of deportation. An experienced lawyer will always advise that you be aware of your rights and responsibilities if stopped by police or ICE. You can reduce risk to yourself by:
Staying calm and not resisting or obstructing the officers
Not lying, giving excuses, explanations, or false information.
Exercising the right to remain silent and only providing your name if asked to identify yourself
Declining to have your person or belongings searched. However, the officers may pat down your clothing if they suspect a weapon.
Not answering questions about your citizenship, where you were born, or how you entered the country unless in the presence of your lawyer. You have a right not to answer these questions. However, separate rules apply at international borders and airports and for business travelers and tourists.
Exercising your right to contact your consulate or have an officer inform your consulate of your detention.
Consult Pennsylvania deportation defense lawyers about the effect of a criminal conviction on your immigration status if you’re a non-citizen. Remember your immigration number and let your lawyer pass it to your family. It will help them locate you.

Can ICE Agents Enter My Pennsylvania Home to Arrest Me?

ICE officers should only enter your home if they have a warrant signed by a judge. Opening the door when they knock doesn’t permit them to enter your home. Once they arrive at your doorstep, take the following steps:
Stay calm and remain polite as you talk to them.
Find out if they’re from the Department of Homeland Security or ICE.
Politely request to see the search or arrest warrant signed by a judge and decline to let them in if they don’t have one.
If they’re looking for someone else, don’t tell them where to find the person, and don’t lie. Instead, ask them to leave their contact information.
If they are at your home to arrest you, let them know if you have any medical issues or need to make care arrangements for your children or other vulnerable residents at your home.

What If My Rights Were Violated During the Arrest or Detention?

If you believe the law enforcers violated your rights when they stopped, arrested, or detained you, take the following steps to protect your rights:
Note down everything you remember, including the officer’s patrol car numbers, badge number, the agency they were from, and other crucial information.
Collect contact information from witnesses.
If you sustained injuries, take photos of the injuries and seek medical attention immediately.
File a written complaint with the respective agency’s civilian complaint board or internal affairs division. It is possible to file the complaint anonymously if you don’t wish to reveal your identity.

An Experienced Immigration Lawyer Protecting Your Rights After an ICE Arrest

Being accused and arrested for a crime is scary, whether in your home country or a foreign one. If you or a family member is an immigrant in the United States and subjected to an ICE arrest, you have a higher chance of a favorable outcome if you work with a skilled York deportation defense attorney. They know how to help you navigate the legal system.
The Law Office of Rosina Stambaugh has a skilled and passionate immigration lawyer committed to helping clients find relief when facing or convicted of criminal charges. Attorney Rosina Stambaugh understands the gravity of your situation and can put her best skills to work to protect your rights and future in the country. Call us at 717-900-1818 to schedule a comprehensive consultation.

Author Photo

Rosina Stambaugh

Rosina C. Stambaugh, founder of The Law Office of Rosina C. Stambaugh in York, brings a wealth of expertise to immigration law. With a focus on removal defense, Ms. Stambaugh has successfully litigated cases across various Immigration Courts, the Board of Immigration Appeals, and the Third Circuit Court of Appeals, offering comprehensive support to clients facing diverse immigration challenges. She also represents individuals and families applying for affirmative benefits with U.S. Citizenship & Immigration Services.

Related Articles
Schedule a Consultation Office Consultation Video Consultation Consultation with Interpreter Moshannon Valley Processing Center
(Detained) Consultation