KNOW YOUR RIGHTS: What You Can Do as a Bystander During Immigration Enforcement Actions

If you witness someone being detained by ICE

• If you have a smartphone, record video of the interaction.
• Try to record any identifying information, like agency vests, badge numbers, car make and model, or car license plates.
• If officers ask you to step back, do step back, but you can keep recording video. You have a First Amendment right to record law enforcement actions in public spaces.
• Alert local advocates of ICE activity.
• Be ready to share specific information:
  • Where exactly are the agents?
  • How many immigration or law enforcement agents are there?
  • What are the agents doing?
  • How long have the agents been in that location?
  • What, if anything, do you know about the person being detained?
• Here are some common agency acronyms you may see on agents’ vests:
  • “ICE”: Immigration and Customs Enforcement
  • “ERO”: Enforcement and Removal Operations
  • “CBP”: Customs and Border Protection
  • “DHS”: Department of Homeland Security
• Call the family and/or emergency contact of the person being detained, if you know who they are. You can be the connection to ensure their support network is alerted as soon as possible.
• Write down everything you remember about what you witnessed.

Get contact information and copies of any recordings or photos from other witnesses.

Do not interfere or escalate the situation

• Do not touch, push, or hit an officer.
• Do not run away; if you leave the situation, walk calmly.
• Remember: ICE agent misconduct cannot be challenged on the street.

Understand what consequences you could face if you intentionally break the law, whether for civil disobedience or any other purpose, such as obstructing an arrest.

Provide emotional support and remind people of their rights

If possible, provide emotional support for the person being detained, and remind them of their rights. You have a First Amendment right to talk to the person being detained. You can remind them of their rights and provide verbal support as long as you are not interfering with or obstructing the officers.

Remind them:

• “You can remain silent!”
• “You don’t have to answer questions!”
• “You have the right to call your lawyer!”
• “You don’t have to sign anything without a lawyer!”

Other actions you can take

• Share this resource with friends, family, and others in your community.
• Save the deportation hotline numbers in your phone contacts, so you have this information on hand if you need it.
• Always use humanizing language.
• Contact your local and state officials to advocate for pro-immigrant laws, policies, and rights. Find out more information on our website here.
• Cotact [email protected] to learn how to donate to mutual aid and legal funds for immigrants.
• Talk with friends or family who are at risk of being detained about creating an emergency plan. This can include:
  • Have an emergency contact list.
  • Keep copies of all legal documents in a safe place that their emergency contact can access.
  • Consult with a reputable immigration lawyer to explore any options to attain immigration status.
  • Memorize phone numbers for family members and an immigration lawyer.
  • Get passports for children who are U.S. citizens.
  • Put together a family care plan or temporary guardianship for children, should a parent be detained.

If you feel your rights have been violated, contact the ACLU of West Virginia by submitting a legal intake form here. Please be advised we are only able to take on a small number of cases each year.