What to do if you have been stopped by Immigration and Customs Enforcement (ICE)
With the recently increased presence of ICE in Charlotte, NC and surrounding towns, the Law Offices of Kenneth Pham believes it is important to know your rights as a citizen or noncitizen. If you are confronted by an ICE agent, do your best to stay calm, and consider the following directives made by the American Immigration Lawyers Association (AILA) and American Civil Liberties Union (ACLU):
On Risk Reduction
Do not run;
Do not argue;
Do not lie or provide false documentation;
Do not otherwise obstruct; this includes physical blocking and intimidation of the agent;
If you have your immigration papers and an agent requests them, comply.
What Are Your Rights?
In the state of North Carolina, you do have the right to remain silent when speaking with a police officer. However, when you are stopped by an ICE agent, it is best to be prepared. It is important to distinguish the two in preparing for such an event. Listed below are your rights when interacting with ICE:
If you are detained, you do have the right to a consultation with a lawyer, but it will not be provided by the government.
If asked about your birthplace or how you got into the U.S., you do not have to answer.
You do not have to consent to a search of your person or belongings. This does not include being patted down for weapons.
In moments of heightened stress or fear, it can be difficult to recall these facts. If you are concerned, print out an ACLU “Know Your Rights” card, linked here: https://www.aclu.org/know-your-rights-share-your-rights-immigrants-rights.
Other Things You Can Do to Prepare
Make an emergency plan with your family. Discuss what their next steps will be if you do happen to be detained or arrested.
Create an emergency contact list. Include the phone numbers of your family members and your attorney. It is recommended to memorize these to the best of your ability.
Make copies of important documents. No matter your status, you should always keep identifying documents as well as evidence of your immigration status on your person or in your vehicle. As an added precaution, make copies of these documents and give them to your loved ones. We recommend that our clients keep the following documents with them at all times (if applicable):
Signed Form G-28 as proof of representation by an attorney;
Green card;
Employment Authorization Document (EAD card);
Certificate of Naturalization;
Any and all receipt/processing notices for pending cases.
Memorize your A-number (if applicable) and share it with your loved ones. If you are arrested or detained, this will allow them to locate you. If you do not have one before your arrest/detainment, your paperwork while processing will show you your A-number. This can be done using the ICE Detainee Locator System, linked here: https://locator.ice.gov/odls/#/search
At the Law Offices of Kenneth Pham, we offer an array of legal services related to family-based immigration and naturalization. If you or a loved one are looking for advice, call us at (803) 792-1159 or submit an online inquiry through our website. For additional resources, refer to The Carolina Migrant Network (CMN), Charlotte’s foremost immigrant and migrant support organization at the link below.
https://carolinamigrantnetwork.org/2025/03/31/know-your-right-conoce-tus-derechos/
