Luminus has created these materials for informational purposes and should not be used as legal advice. Speak to an immigration attorney at Luminus if you require legal assistance.
Liberty Act (Howard County, Maryland Specific)
The Liberty Act states that Howard County employees of all departments including police, fire and safety, recreation and parks, corrections, and schools must not ask about your immigration status, discriminate against you based on your immigration status, and/or tell any person or agency about citizenship status.
Who is Immigration and Customs Enforcement (ICE)?
ICE is a federal law enforcement agency that enforces immigration, customs, and cross-border crime laws, focusing on deportation. They are not local police. ICE is a sub-agency of the U.S. Department of Homeland Security (DHS).
Who is at risk from arrests by ICE?
All individuals without lawful immigration status including those with expired visas. Individuals with some form of immigration status like lawful permanent residents, visa holders, and asylum seekers with specific types of criminal convictions. ICE claims to be focusing on criminals with arrest warrants and deportation orders, but all must be vigilant.
Does Howard County police or government work with ICE?
No. Howard County government agencies focuses their resources to protects the privacy and safety of all of individuals regardless of immigration status. ICE officers may pose as police so it is always best to exercise your right to remain silent if you are unsure unless you called the police to come help you.
What can someone do if they are at risk of an ICE arrest?
Making a plan is crucial. There are various ways to prepare. Have important documents in a safe place that your family members know where to find. Have copies of receipt notices from immigration and never carry originals. Carry around the numbers of your immigration attorney and in case of emergency contacts readily available.
What is 287(g) jurisdiction?
The 287(g) program allows ICE to delegate immigration enforcement duties to local law enforcement agencies, enabling officers to investigate immigration status and assist with detentions. In Maryland, the program operates in Frederick, Harford, and Cecil counties. Many times 287(g) can lead to racial profiling, civil rights violations, and community mistrust, as minor infractions can result in detention and deportation, separating families.
What should you do if ICE approaches you in the workplace?
ICE will typically identify who they are attempting to find at the workplace. You have the right to remain silent. Be prepared to have a coworker contact your in case-of-emergency contact to let them know if ICE has arrested you.
What should you do if ICE approaches you in public?
Whether you come in contact with ICE officers or your local police, the best thing to do is remain calm and respectable. Second, understand that you have U.S. constitutional rights just like any U.S. citizen. Your rights are as follows:
- You have the right to remain silent and do not have to respond to questions. Note: Always ask if you are free to go at the initial stage of interaction.
- You have a right to speak to your lawyer or a lawyer.
- You have a right to refuse consent to searching your person, your care, and your home.
- You do not have to answer questions regarding your immigration status to ICE or any Howard County governmental agency–police, fire, etc.
- You have the right to not sign anything you do not understand.
In Maryland, you are not required to give your name if asked to identify yourself to police and should do the same if you come into contact with an ICE officer unless they have a judicial warrant with your name on it. Always remember to be respectful and remain calm. Once an ICE officer approaches you, the first thing you should respectfully ask is, “hello, am I free to go?”
- If they answer yes, then calmly leave.
- If they answer no, then exercise your right to remain silent. Respectfully respond with, “I would like to remain silent.” Since you are not free to go, then you are in a custodial interrogation which allows you to say, ”I would like to speak to my lawyer (or I would like to speak to a lawyer.)“
- Important: If you are under 18, law enforcement should not be asking you questions without a parent of guardian present.
If an ICE officer begins to search your person such as pockets, backpack, purse, etc., you can use your right against unauthorized searches and seizures by saying, “I do not consent to a search.” - Never flee or resist an arrest if it is happening.
- Never answer any questions about where you were born or respond to questions about your immigration status.
- Never lie or give false documents to an ICE officer.
What should you do if ICE comes to your home?
ICE officers are required to have a warrant signed by a judge to enter your home. You have the right to not give them permission to enter the home and even if they show you document that you believe is not a warrant signed by a judge, you should say, “I do not give you permission to enter my home.”
After announcing their presence outside, request to see their warrant, and review all the information including name of the person it is seeking, the address, signature by a judge, and any other important information.
If they do not have a warrant, ICE officers can use “low level trickery” such as stating they are investigating a matter or ask to enter to ask a few questions. Again, you have the right to deny entry into your home. Be respectful and kindly say, “I do not want to speak to you or answer any questions.”
If ICE enters your home after you have denied them entry, calmly say, “I do not consent to you entering my home, I do not consent to searching any in room or belonging in my home. Please leave.”
If they show you a judicial warrant with the name of someone that does not live in the home or is not present, request that they leave contact information.
Luminus has created these materials for informational purposes and should not be used as legal advice. Speak to an immigration attorney at Luminus if you require legal assistance.