Gov. Janet Mills and the mayors of Portland and Lewiston say they're bracing for a potential increase in immigration enforcement operations as soon as next week. Details remain scarce, and a Department of Homeland Security spokesperson said Wednesday the agency does not discuss future or potential operations.
But Melissa Brennan, co-legal director at the Immigrant Legal Advocacy Project, is urging Mainers to know their rights when interacting with federal immigration agents.
She spoke with All Things Considered host Ari Snider.
The interview has been edited for clarity.
Brennan: So the first thing to know is that all people in the United States, regardless of immigration status, have certain rights and protections guaranteed by the U.S. Constitution, and some of these basic rights that are guaranteed to all of us include the right to remain silent, the right to refuse to give consent to a search of your person and the right to speak with a lawyer if you're arrested. If you are stopped by ICE while out in public or on the street, stay calm. You don't want to run or argue with an officer. You also don't want to lie, and should never present false documents. If a person is stopped on the street, they have the right to ask if they are being detained, or if they are free to leave. If you're free to leave, you can calmly walk away. But if you are being detained, that is the time to exercise your right to remain silent. And you can simply say, "I am using my right to remain silent. I don't want to answer any questions." If you are not a U.S. citizen and an immigration officer asks for your immigration papers, you must generally show them if you have them with you. You do have the right to refuse to give consent to a search of your person, of your bags, your phone, any other belongings that are with you. And if you are arrested, you have the right to speak with a lawyer.
Snider: And what legal justification does ICE need to enter your home, or, you know, a private residence?
So in order to legally enter your home, ICE must present a valid judicial warrant, which is a warrant signed by a judge. If ICE comes to your door and claims to have a warrant, when they knock on your door, you should ask them to slide that warrant under the door so you can review it. If ICE is at your door, you can exercise your right to remain silent and your right to refuse a search of your home. You can tell them, "I don't want to talk to you. I don't want to answer any questions. I do not give you permission to come inside my home." People should keep the door shut and talk to agents through the door only.
And what should workers and employers know about the rules that govern worksite inspections by federal immigration agents?
So anyone, including ICE agents, can enter public areas of a workplace without permission. Public areas include spaces like a lobby or a reception area, or, for example, the dining area in a restaurant. ICE agents are not allowed to enter non-public employee only areas unless they have a judicial warrant signed by a judge. So these private areas would include employee-only spaces like back offices or break rooms. If ICE comes to your workplace, try to stay calm. Do not panic. Do not run away. If ICE tries to speak to you at your job, you have the right to remain silent. For employers, make sure you have a plan in place for what to do if ICE seeks to enter your business.
And ICE activity, as we've seen around the country, often draws protests. So what rights do people have when they're protesting or trying to document immigration enforcement operations?
People have the right to protest peacefully. The First Amendment protects the right to express views through protest, and it also protects the right to record law enforcement. People can legally film and take photos of ICE carrying out their duties, so long as it's done in a way that does not interfere with their law enforcement duties. If you are stopped or detained while doing these things you should remain calm. Ask if you're free to leave, and if yes, calmly walk away.
