Sadie Batchis

Since Donald Trump took office on January 20th of this year, the U.S. Immigration and Customs Enforcement (ICE) has been arresting thousands of undocumented migrants in major cities like Chicago, New York, and here in Philadelphia. What is especially concerning for migrants is Trump’s order that ICE agents may enter churches, hospitals, and even schools, all places that had been considered sanctuaries and protected sites under the Biden administration. 

There are predicted to be thousands of undocumented students receiving education within the School District of Philadelphia. Regardless of immigration status, all children are entitled to an education by law. The district’s superintendent, Tony Watlington, reaffirmed that Philadelphia public schools will remain a safe space for all students, citing the Board of Education’s Welcoming Sanctuary Schools Resolution. If ICE attempts to enter a school, school security officers and staff members are directed to immediately contact the district’s general counsel office, collect necessary warrant documentation from ICE agents, and “await further direction.” Teachers and staff will not provide any information about students or families unless specifically instructed to by the Office of General Counsel, according to district protocol. 

Despite rumors on social media, ICE agents have yet to enter any Philly schools, but many students are afraid to come to school regardless. Migrants are also hesitant to go to work, the doctor’s office, or to step outside of their house in general. 

It is important to know your rights, even if you are not undocumented. First, the US Constitution gives various rights to all persons occupying the United States. Some important rights stated in the US Constitution include:

• Protection against self-incrimination (being forced to provide evidence/testimony that could be used against you), known commonly as “the right to remain silent.” You do not have to provide any information to police or ICE agents about your immigration/citizenship status. However, you must provide immigration papers if you are not a U.S. citizen and they are asked for (if you have them with you). 
• If you are arrested by the police, you have the right to a government-appointed lawyer. If you are detained by ICE, the government does not have to provide a lawyer to you, but you have the right to hire one— ask for a list of free or low-cost options. You have the right to a phone call, and if it is to a lawyer the police cannot listen. 
• Protection against unreasonable search and seizure. Police/ICE cannot search you, your home, or your belongings without your consent, probable cause, or a search warrant signed by a judge. If they suspect a weapon, they may pat you down. 
• Unless an officer has a warrant signed by a judge, you do not have to let them into your house. If a warrant is for removal/deportation, they still do not have the right to enter, even if it is signed by a judge. 

Here are some ways to reduce risk to yourself:

• Remain calm, and do not argue or try to evade the officer. 
• Do not lie or provide false documentation.
• Keep your hands where the officer can see them. 
• Ask if you can leave— if they say you can, then leave.
• Talk to your family about this— come up with a plan together. 
• If police/ICE officers come to your home, speak to them through the door, do not open it. Ask them if they have a warrant and to slide it under the door/through the mail slot. Then examine it and check if it is signed by a judge. Opening the door still does not give them permission to come into your house, but do not step outside.

There are many more tips/rights you can find at this website: https://www.aclu.org/know-your-rights/immigrants-rights#law-enforcement-asks-about-my-immigration-status.