U.S. Customs and Border Protection agents carried out more arrests across Charlotte on Monday, with sightings along North Tryon Street, Freedom Drive, and at some apartment complexes off South Boulevard.
The arrests — many of them happening in front of bystanders — have sparked fear among immigrant families and raised questions about what people should do if they encounter federal agents.
To help answer those questions, WFAE's Zachary Turner spoke with Charlotte immigration attorneys Andres Lopez and Jamila Espinoza.
Zachary Turner: Let’s start with the basics. What are the most important things people should know about their rights if they’re approached by Border Patrol or ICE in public?
Jamila Espinoza: If you know for sure it’s a Customs and Border Patrol agent — which most of us now know that they walk around in more tactical gear. It will say 'Border Police.' You have the right to remain silent. We all, no matter our legal or immigration status, do not have to answer any questions. That includes questions to your immigration status, where you were born, how you entered the country. You can simply say, 'I choose to remain silent.'
(You) also have the right to decide if you don't want to be searched. You have the right to not consent to a search of your physical body or — in you're in a vehicle — of your vehicle. Simply say, 'I do not consent to a search."
Andres Lopez: They should be trained to be following the law, but as we saw on Saturday, there was a gentleman who asserted his rights and said, “I don’t want to speak with you individuals,” and he had already spoken with certain people before. And they broke his car window and they dragged him out — and he was a U.S. citizen.
You have the right to remain silent. You’re not required to show immigration documents. You can refuse a search. You have the right to speak to an attorney. You do not have to sign anything. Those in general are your rights.
Turner: What if you happen to become a bystander in one of these situations? What can you legally do — and are there limits?
Espinoza: The first thing — we all have technology — is to record. We think it’s really important that you record. Everybody has their First Amendment right to be able to express their beliefs, but we think that the most prudent thing to protect our community is just to record from a safe distance.
You can yell from afar that they has the right to remain silent, they don’t have to sign anything, if you believe a community member is being detained. But we ask that you don’t impede.
You can also write down information that you’re seeing — license plates, what is being said, how many officers are present, are they showing any documentation, and are they violating any rights?
Turner: A lot of families say they’re staying home this week. What rights do people have if agents show up to their door? Do agents need a warrant to enter a home?
Lopez: Constitutional rights are stronger when someone is in their own home. We all have Fourth Amendment rights against unreasonable search and seizure.
(Agents) are required to show a judicial warrant signed by a federal judge or a state judge that they have the right enter your home. If they don’t have it, you do not have to open the door.
And the way to ask for that warrant, if you’re inside the home, is to ask them to show it across the window or to slide it underneath the door — because the moment you open the door, they can push themselves into the home.
Turner: By way of wrapping up, what’s your message right now to immigrant families who are scared and trying to decide whether to leave their homes this week? What would you tell them?
Lopez: I would tell immigrant families: Be vigilant regarding your surroundings. Protect yourselves. Take the measures you need to protect yourselves, and make a plan for worst-case scenarios. For instance, if you need to make a power of attorney so you know what happens with your children, should you be taken — or with your property or your business.
The other thing I'd like to say is for those who already have status or are U.S. citizens in the immigrant community, I would hope that we can stand up to protect our community.
Find additional "know-your-rights" information on the Carolina Migrant Network website.
