We provide these resources with the understanding that immigrant communities are being targeted by the current administration, and expectations for safety following these steps are not guaranteed. Please trust your instincts and understand the risks when interacting with federal officers.
Q: What rights do I have as an immigrant with a disability during encounters with ICE?
A: You have the right to remain silent, the right to speak to an attorney, and to demand a judicial warrant when ICE tries to enter your home or workplace. You also have rights under Section 504. Section 504 of the Rehabilitation Act prohibits the federal government from discriminating against you based on disability. Under Section 504, you have the right to reasonable accommodation and effective communication. This applies to ICE, immigration detention, and immigration court. You have these rights regardless of whether you are a citizen, a documented immigrant, or an undocumented immigrant. Even though we have these rights, ICE and other federal agents may act unlawfully. It is important to prioritize your safety, and document everything.
You might want to review Red Cards (available in over 50 languages), to learn about your rights when interacting with ICE. You may also wish to review other guides for interacting with law enforcement, such as our Know Your Rights for Disabled Protestors Guide.
Q: What is a reasonable accommodation?
A: A reasonable accommodation is a change that the government makes to allow you to understand communication and participate equally and safely as a disabled person. Reasonable accommodations may include sign language interpreters, using plain language (short words and sentences), extra time to follow an instruction, having a paper read out loud, slowing down actions and words, access to your medication, access to your wheelchair or another mobility device, and changes to how an officer restrains or detains you, if that happens. These are only examples.
Q: Can I request reasonable accommodation(s) when interacting with ICE?
A: You are entitled to request reasonable accommodation for your disability from ICE officers regardless of your immigration status. Remember that many people do not know sign language and may misinterpret gestures. Do your best to remain calm, which should be reflected in your hand movements and gestures. ICE may interpret hand movements or gestures as not complying with their demands. It is important to prioritize your safety and be very careful while interacting with ICE.
Q: I am a U.S. citizen – should I prepare for encounters with ICE?
A: ICE frequently targets people based on their appearance, language, location, and even the nature of their work. If you are a person of color, live or work alongside immigrant communities, attend protests against ICE, speak Spanish, or speak English as a second language, you may have a higher risk of encounters with ICE even if you are a U.S. citizen. There have been high-profile accounts of U.S. citizens being questioned, detained, and even deported by ICE. We recommend people with a higher risk of ICE encounters prepare in advance even if they are U.S. citizens, especially if they are disabled or are a care provider for a person with disabilities.
Q: How can I be prepared for encounters with ICE?
A: You may want to carry with you any medication or durable medical equipment you may need, along with copies of documentation about your disability, identity, and legal status. You may want to have discussions ahead of time with your family members, supporters, and the people you support to make a plan. For example, your family member or supporter may help you communicate with the immigration system about your disability and/or need for accommodation, locate you if you are detained, or contact an attorney. Caregivers should work with the disabled person to make a plan for someone else to provide this care in case you are detained.
Q: What if my care provider is detained? How do I plan for my children or for others I take care of?
A: It is important to have an alternative care plan in case of an immigration emergency. A plan helps the alternate care provider understand the disabled person’s needs and how to meet them. You can list all disability-related needs in the alternative care plan including a list and description of personal care tasks, medications, healthcare supplies, medical providers, insurance information and transportation options. You can write the plan down, create a voice recording, or make a video. There are some differences when planning for disabled children and disabled adults.
Child Care Plans
The Immigrant Legal Resource Center has published a guide for making a plan for child care. California law allows parents to choose a temporary back-up caregiver for minor children without a court hearing and without formally granting custody to the caregiver. The caregiver must be a relative or other trusted adult (such as a neighbor, godparent, or teacher) and at least 18 years of age. The caregiver does not need to have legal status in the United States. The caregiver can fill out a Caregiver’s Authorization Affidavit to be able to enroll your child in school and consent to school-based services and care; if they are a relative, they can consent to medical and dental care.
Adult Care Plans
In the event an alternate care provider is needed for a disabled adult, you may want to create or update your power of attorney documents, advance health care directive and/or supported decision-making agreement. If you are the conservator of an adult with a disability, and cannot continue to be a conservator, the probate court must approve any new conservator. If you later want your conservator rights back, you must ask the court and the judge will decide what is best for the disabled person. Disability Rights California has published a guide on conservatorships and alternatives such as a power of attorney and supported decision-making.
Q: What if ICE comes to my door?
Under the U.S. Constitution, you are not required to open your door to a federal agent unless they first show you a warrant to enter your home, signed by a judge or magistrate. The warrant should state your address. You should not open your door even a little – ask that the agent slide the warrant under the door or hold it up to a window. If they do not have a warrant, you can say in a loud, clear voice: “I do not consent to you entering my house.” If they have a warrant, exercise your right to remain silent.
Reports state that ICE agents have been breaking into homes without signed warrants. If this happens, don’t fight or resist. If you choose to open the door because you do not want your door broken, you can say “I’m not voluntarily opening the door. I’m only opening the door because you have threatened to break into this home if I don’t let you in.”
The National Immigration Law Center has published a factsheet about warrants.
Q: What rights do I have during immigration proceedings or while in detention as a person with a disability?
A: Disabled people have the right to be free from discrimination and to fully and effectively participate in United States immigration proceedings. Check out <Reasonable Accommodations in Immigration Court Proceedings> for more information about your rights and how to request reasonable accommodations. If you are in detention, you also have rights against discrimination, and can request accommodations and effective communication, including auxiliary aids.
Q: What can I do if I experience disability discrimination by ICE?
A: If you experience disability discrimination, you can file a complaint using this form. You can email ICE at ICECivilLiberties@ice.dhs.gov. You can reach out to your local disability rights organizations, centers for independent living, and state protection and advocacy agencies. You can also contact an attorney for legal representation. The State Bar of California has resources for finding free or low-cost legal services and lawyer referral services:
*If you see an ICE agent and live in the Bay Area, please contact one of the following hotlines.
Bay Area Rapid Response Hotlines:
Alameda County Immigration Legal and Education Partnership (ACILEP)
- Phone Number: (510) 241-4011
- Operating Hours: M-F 6AM – 6PM
- Website: https://www.acilep.org/
Marin Rapid Response Network
- Hotline: 415-991-4545
West Marin Rapid Response Network
- Hotline: 415-755-3622
Stand Together Contra Costa
- Hotline: 925-900-5151
- Website: https://standtogethercontracosta.org/
San Francisco Rapid Response Network
- Hotline: 415-200-1548
- Website: http://sfilen.org/
San Mateo County Rapid Response Network
- Hotline: 203-666-4472
Santa Clara County Rapid Response Network
- Hotline: 408-290-1144
- Website: https://www.amigoscenter.com/rapid-response
