The story of a teenager in Chicago arrested by ICE (U.S. Immigration and Customs Enforcement) without clear reason has shaken many immigrant communities across the United States — including millions of Vietnamese people living here. This article is not meant to cause panic, but to help you understand what your rights are, what you should do, and what you absolutely should not do when encountering ICE.
Understanding correctly so you are not caught off guard. That is the most important thing.
You Have Rights — Even Without Documents
This is something many people do not know or dare to believe: according to the U.S. Constitution, everyone present on U.S. territory has fundamental constitutional rights, regardless of immigration status. This is protected by the Fourth and Fifth Amendments of the Constitution.
Meaning: whether you have a green card, are waiting for a visa decision, or have no valid documents — you still have the following rights:
- Right to remain silent — you are not required to answer questions from any government official, including ICE.
- Right to a lawyer — if arrested, you have the right to request to see a lawyer before answering anything.
- Right to refuse entry — if ICE comes to your home without a valid search warrant from a court, you can refuse to open the door.
- Right not to sign any documents that you have not read carefully or consulted a lawyer about.
When ICE Approaches You on the Street or in Public
Imagine you are at the grocery store or standing in front of a nail salon, and someone in plain clothes or uniform comes up and asks you "Who are you, where are you from." Here is what you should do:
- Step 1: Stay calm, do not run.
- Running away can be considered suspicious behavior and make things more complicated.
- Step 2: Ask immediately — "Am I being detained?
- If the answer is "no," you have the right to leave. Say calmly: "I do not want to answer questions" and walk away.
- Step 3: If you are detained — stay silent.
- Say only one sentence: "I want to see a lawyer." After that, do not say anything else.
- Step 4: Remember everything you observe.
- The officer's name, badge number, vehicle, location, time — all of this can be useful later.
When ICE Comes to Your Home
This is the situation many families fear most. The important thing to remember: your home is protected by law.
ICE needs a search warrant signed by a judge to enter your home. An administrative warrant — meaning a document signed by ICE itself — does not have enough legal power to force you to open the door.
How to distinguish between the two types of warrants:
| Type of Warrant | Signed By | Can Enter Home? |
|---|---|---|
| Judicial Warrant | Court judge | Yes — you must open the door |
| Administrative Warrant | ICE signs it | No — you have the right to refuse |
If someone knocks on the door and claims to be ICE, you can say through the door or through a small opening: "Please show me the court warrant." Ask them to slide the document under the door so you can read it before opening.
If there is no court warrant: you can say "I do not consent to entry" and do not open the door.
If You Are Arrested — What to Do Immediately?
If you or a family member is arrested by ICE, here are the steps to take right away:
- State clearly that you want to see a lawyer. This is your right and no one can deny it.
- Do not sign any papers, especially the form for voluntary departure. Signing this can seriously affect your ability to apply for a visa or green card in the future.
- Remember your A-number (Alien Registration Number) if you have one. This is an important number for your lawyer and family to locate your records.
- Contact your family as soon as possible. You have the right to make at least one phone call.
Special Considerations for Vietnamese People in the U.S.
The Vietnamese community in the U.S. has special circumstances worth noting.
People with a green card or permanent resident status are not "completely safe." According to USCIS (U.S. Citizenship and Immigration Services), permanent residents can have their green cards revoked and be deported if they have a criminal record — including minor offenses such as drug possession or theft under $500 in some cases. If you or a family member has a criminal record, consult with an immigration lawyer before leaving the country or engaging in any procedures.
People with pending asylum applications or TPS (Temporary Protected Status) should carry documents proving their case is being processed.
Elderly Vietnamese people — especially relatives who came to the U.S. under HO (Humanitarian Operation) or family reunification — sometimes think that because they have lived here for a long time they do not need to worry. But if you do not have U.S. citizenship, your immigration status still needs attention.
Buddhist communities and Catholic churches in areas like Little Saigon in Westminster, San Jose, or Houston often have lists of free or low-cost immigration lawyers. Do not hesitate to ask.
Prepare Before Something Happens
Just as you keep your car registration ready in the glove compartment before a traffic stop — preparing for a possible situation with ICE is equally important.
- Create a "know your rights card" in both English and Vietnamese. The ACLU (American Civil Liberties Union) has free templates at aclu.org.
- Save the phone number of a trusted immigration lawyer in your phone right now, before you need it.
- Talk with your whole family — including children — about what to do if mom or dad is detained. Children born in the U.S. are U.S. citizens and cannot be deported, but they need to know who will care for them in an emergency.
- If you are a U.S. citizen, carry your passport or driver's license when going out to prove your citizenship if needed.
Support Resources You Can Contact
- ACLU (American Civil Liberties Union): aclu.org — has immigration rights materials in many languages.
- National Immigration Law Center: nilc.org
- ILRC (Immigrant Defenders Law Center): ilrc.org — specializes in helping communities understand rights when encountering ICE.
- Immigration Emergency Hotline: Many local nonprofits like VietLEAD (Philadelphia), BPSOS, or Asian Americans Advancing Justice have hotlines for specific regions.
Legal rights do not work automatically — you must know they exist and actively use them. The shortest but most powerful sentence you can say to ICE is: "I want to see a lawyer." That is all — and then stay silent.