Following the day-one initiative from President Donald Trump to ramp up arrests and detentions from Immigration and Customs Enforcement around the country, more people are asking for clarity on their rights if they or family and friends are confronted by law enforcement.
According to Immigration and Customs Enforcement (ICE), more than 950 arrests and 550 detainers were made nationally on Jan. 26. Dozens were arrested in Texas cities.
Despite early insistence from the Trump Administration that ICE would prioritize those here illegally with extensive criminal records, reports have arisen of simple traffic stops turning into detention by immigration agents, even in Lubbock.
According to public records, at least three people have been arrested and held at the Lubbock County Detention Center since Sunday with the only charge listed as an immigration customs enforcement detainer.
Lubbock mayor Mark McBrayer confirmed Wednesday that ICE agents are active in the city and that local law enforcement will not interfere with their efforts.
Local attorneys Maritza Gamboa Ferraro and Isaias Solorzano spoke to the advocacy group Lubbock Compact on Tuesday to inform anxious West Texans and encourage citizens and immigrants to know their rights.
While the fundamental Constitutional rights apply to anyone, Ferraro said most immigration cases can depend on individual circumstances.
“A lot of the advice that we're giving you, it's generally for people that have never been arrested before, that don't have any deportation orders, because if you do have that in the past, that completely changes everything,” Ferraro said. “Everything that we're telling you today is a case-by-case basis.”
The right to refuse a search, the right to remain silent, the right to an attorney
Both attorneys emphasized the basic rights provided by the 4th, 5th and 6th Amendments of the U.S. Constitution, which Isaias Solorzano noted will apply to anyone in the United States, regardless of citizenship status.
“The 4th, 5th and 6th Amendments apply whether you are a U.S. citizen or just present in the United States,” Solorzano said. “What that means is each person has the right against illegal searches and seizures.”
The 4th Amendment protects people in the U.S. from “unreasonable searches and seizures” without a valid search warrant.
Still, Maritza Gamboa Ferraro said you don’t have to allow them to search your vehicle or enter your home until you verify that the warrant is valid.
“The warrant must be signed by the judge with the name, address, and permission to search,” Ferraro said. “If the officer has this warrant, they can deliver it through a window or under the door. If they do not have a warrant, politely say, ‘please leave.’”
Ferraro said ICE officials may present other documents, like a deportation order, as though it gives them the right to enter your home, and it’s essential to know the difference when the documents are presented.
“They're going to need a search and seizure warrant, and this is a warrant that only a district or federal judge can sign, not an administrative judge like an immigration judge,” Ferraro said.“What you're looking for when you look at these documents, there has to be a signature on the document,” Ferraro said. “What ICE normally does is the only thing they have is a deportation order. A deportation order is not a warrant.”
Both attorneys advised asking, “am I being detained?” to agents who ask about citizenship status or try to make an arrest in public. If the answer is no, then leave.
“The only things that you have to tell them here in the state of Texas is your name, date of birth and your address, and that's it. You do not have to give them any other information other than that,” Ferraro said. “They keep asking you for that information; you can just tell them, ‘I'm invoking my 5th Amendment right.’”
The 5th Amendment guarantees what’s often referred to as “the right to remain silent.” Isaias Solorzano said that many interpretations from TV and movies lead some to believe that invoking the 5th Amendment implies guilt, but Solorzano noted that the amendment’s purpose is to protect the accused.
Solorzano added if ICE officials have a valid arrest warrant, they will likely find a way to make sure you know, and any valid warrant should be discussed with a licensed attorney.
“If there is a warrant, I promise you, they will have the right to breach your door,” Solorzano said. “If there is a valid warrant, you need to take a look at those. You probably need to talk to an attorney specifically.”
The 6th Amendment guarantees everyone has the right to legal representation with an attorney and the right to a fair trial if they are charged with a crime.
However, the immigration process involves civil enforcement, which can lead to confusion that agents might use to try and justify their deportation orders.
“You don't get a court-appointed attorney; you don't get a bail bond company. So no one tells you if they change court dates,” Ferraro said. “If you change locations and they don't have your current residency, that's what happens a lot with some of these deportation orders.”
Immigration enforcement in schools, churches
In public spaces, ICE agents and other law enforcement will likely enter anywhere there’s an open door. After that, it depends on what information others will give them. As for educators or healthcare employees, that can depend on policy.
“Schools are not required to enforce immigration laws,” Ferraro said. “No student is required to answer questions about themselves or their parents. Parents who pick up their children never have to answer questions.”
This week, District 1 Lubbock ISD school board representative Lala Chavez posted Lubbock ISD’s policy on ICE agents questioning staff or students and how schools, students and parents can react if agents show up to an LISD school:
When law enforcement officers or other lawful authorities request to question or interview a student at school for any purpose other than a child abuse investigation, the following guidelines shall apply:
1 The principal shall verify and record the identity of the officer or other authority and request an explanation of the need to question or interview the student at school.
2 The principal ordinarily shall make reasonable efforts to notify the student's parent or other person having lawful control of the student. If the interviewer raises what the principal considers to be a valid objection to the notification, the parent shall not be notified.
3 The principal or a designee ordinarily shall be present during the questioning or interview. If the interviewer raises what the principal considers to be a valid objection to a third party's presence, the interview shall be conducted without that person's presence.
Chavez stressed that if an agent arrives at a school, the Lubbock ISD Chief of Police should be contacted for guidance and support.
Isaias Solorzano noted that while valid criminal search warrants can open the door almost anywhere, ICE agents have historically avoided certain public spaces, such as hospitals and churches. However, these days, the policy could be different.
“In 2011, the policy was we leave those areas alone so as to not create distrust between communities and places of need. And it seems to have been reversed,” Solorzano said. “I think we like to pretend that Lubbock is different – it's not going to happen in our schools, it's not going to happen in our churches, it's not going to happen in our hospitals – but we just don't know.”
Solorzano said while he doesn’t see something like this happening in a Lubbock place of worship, the same rules to protect yourself will often still apply.
“Please put into practice what we've said, just ask: ‘am I being detained?’ And if they don't give you a yes or no answer, ask again: ‘am I being detained?’ Ask again: ‘am I being detained?’ Solorzano said. “If they say yes: name, date of birth, local address, stop talking. Ask for an attorney. Don't sign anything.”
Solorzano and Ferraro both emphasized the importance of considering the power of attorney in preparation, especially if you have children under 18. Giving a loved one with legal status the nonparent power of attorney can give them the right to take care of your children if you’re detained or deported, with a document that can be shown to law enforcement.
“You can get a copy of that, make sure the school has it, the hospital has it, the medical records, so you don't have any problems that this person can take care of your child,” Ferraro said. “It's important that you have that; not only that but if you're working and you need someone to get your check, go to the bank. It'd be great if you can give someone the general power of attorney so they can do that too.”
‘Keep your family safe…’
“My number one point is,” Solorzano said. “Keep your family safe.”
Solorzano said it’s important for those without citizenship to avoid driving and allow legal citizens to take the wheel.
The Texas Tribune reported an arrest that took place near Lubbock this week after Lubbock Police pulled over an undocumented individual. U.S. Immigration and Customs Enforcement was called to take care of the local driver without citizenship status.
“Keeping your family safe is about driving,” Solorzano said. “However, if you are not legal here in the United States, don't drive.”
Being pulled over as a driver can be less stressful and more straightforward for those with legal citizenship. Passengers without citizenship status can give their name, date of birth, local address, and anything else.
Solorzano said those with legal status can stay in the U.S. and take care of those left behind.
“At some point, immigration facilities get filled up, and it is easier to petition, get bond hearings,” Solorzano said. “Get your petition in place so that you can get your loved one out. Those are easier, but it's getting harder and harder as the years go on.”
Solorzano described some cases he’s seen where clients have amassed assets like years of savings or a home. Because Texas does not recognize a domestic trust that might allow that money to be accessed by your children, he suggested talking to an attorney about your specific financial situation.
Certain banks are also more easily accessible from outside the U.S., which could make it easier to access what money you or your family may need in the event of deportation.
“I'm not asking you to go put your money in these big banks, but ordinarily, the big banks are the ones that you can access from country to country,” Solorzano said. “So if something were to happen, you may want to rethink your preparation for your family.”
‘…and please stop talking’
Solorzano continued, “my second point: please stop talking.”
Both attorneys repeatedly urged listeners to avoid giving more information than necessary or saying something that might unintentionally hurt their case.
“I've seen photos, I've seen police reports. Most tips come from, you know, ‘I was at a local cafe and overheard that so-and-so is not here legally, and then I started following them,’” Solorzano said. “‘Then I ran a check, and eventually I found that this person is not here legally, or there's a previous deportation order.”
If you have an immigration history, such as previous deportation, Solorzano said it’s important to discuss that with an immigration attorney, as being in the U.S. without a visa could be a crime, depending on your situation.
This underscores why Solorzano said your citizenship status should not be shared with anyone except an attorney or a loved one who can help you achieve full citizenship.
“If you don't know what to say because it might be your uncle, your dad, your mom, your brother, your sister, your spouse, the best thing to do is don't help,” Solorzano said. “Stay quiet. Assert your rights.”
According to Maritza Gamboa Ferraro, many attorneys are ready to hear those who may have questions about the future and what might happen as things develop for ICE agents and Texas law enforcement, but remembering the basic rights of the U.S. Constitution can help both legal citizens and those with immigration status.
“It's going to be a waiting game, but eventually, they are going to let you go,” Ferraro said. “The last thing you want is to, again, give them information that they can use against you.”
Isaias Solorzano said this is a busy time for local attorneys, but many in the industry want to help those with legal questions.
There’s much more information to find in the nearly two-hour podcast with Lubbock Compact, with English and Spanish discussion. Click here for more.