Legal Question in Immigration Law in California

If ICE was to go to a home and they only where to go for one of the family member. Would they have authority to question the citizenship of the other house members. In simple terms can they take any body else who is in the house when they go look for some one else.


Asked on 10/21/09, 12:40 am

2 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Yes they would have that authority. A warrant is needed to enter a person's home, with exceptions, so it's not like ICE can enter any home whenever they want to in most cases. They have to be given permission. If officers come to your home, you have the right to an attorney and the right to remain silent. You might be incarcerated, but you do have these rights.

Sincerely,

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Answered on 10/21/09, 3:42 am
Daniel Hanlon Hanlon Law Group, P.C.

Dear Inquirer:

ICE typically arrives at homes without a search or arrest warrant, in which cases they would not have the right to enter the home and interrogate all occupants. If they indeed obtained an arrest warrant for a particular person, they could ask for his whereabouts. Unless information as to the status of the other occupants is volunteered, the ICE cannot force you to identify yourself, your alienage or country of origin.

I recommend that you visit www.hanlonlawgroup.com for more information.

Regards,

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Answered on 10/21/09, 1:11 pm


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