Katherine Tello, a staff attorney at the United Farm Workers Foundation, led a brief, in-depth lesson on best practices for schools, clinics, agencies, and other workplaces to confront ICE in their facilities. Her lesson followed a series of panelists from Kern, Tulare, and Kings counties discussing immigration issues in their communities.
Tello noted that this Know Your Rights workshop is essential, as many institutions present can benefit from gaining knowledge to safely access more resources and information to protect their communities better and themselves.
She emphasized the importance of the Fourth and Fifth Amendments regardless of legal status and even encouraged individuals to read any warrants presented by an ICE officer.
“Everyone in the U.S., regardless of their immigration status, has Constitutional rights,” said Tello.
The Fourth Amendment, as defined in the Constitution, protects against unlawful searches and seizures. Tello reiterated that these protections apply to everyone, simply because they are human.
She went on to discuss the Fifth Amendment, the right to remain silent, and the right not to share any information.
“You, as an employer or as a professional, do not have to share where your students, patients, or employees were born. You do not need to share their immigration history or criminal history, and you do not have to show your passports or consular documents,” explained Tello.
As previous speakers shared, people were being apprehended and then released without their ID or proper documentation. Tello reminded people that they do not need to give up these documents when approached by ICE.
However, she noted that just because you do not need to give up any documents or sign anything, it does not mean you should lie to these immigration officers.
“It is better for you to stay silent than to lie to an immigration officer. Lying to a federal agent is a felony so it’s better to remain silent,” said Tello.
Tello then rediscussed the Fourth Amendment as it pertains to warrants: “An officer is not able to search you unless they have a judicial warrant signed by a judge, or you give consent. If you give your permission, you override that protection from the Constitution,” she said.
Although ICE agents can issue two different sets of warrants, it is important to understand the differences between them. An ICE Administrative warrant is a legal document issued by a government agency that allows it to search for or arrest an individual suspected of violating immigration law. However, it is not considered valid or withheld because a judge does not sign it.
Whereas a judge signs a Judicial warrant, at the top of the warrant, it will say that it is issued on behalf of the U.S. district court.
Tello suggested that individuals look up the judge’s name to ensure that this is the correct warrant.
Towards the end of the lesson, Tello provided a rundown on the distinction between public and private spaces that ICE officials can and cannot enter. She also suggested that policies, along with enhanced signage, be implemented in workplaces to help alleviate further trauma.
