Questions, answers for how migrants can protect themselves if federal officers come knocking

An image of a Border Patrol agent filling their vehicle with gas in one of Nevada’s largest Hispanic-populated neighborhoods swept through local Latino Facebook groups last week, bringing with it worry about President Donald Trump’s promises of mass deportations.

Nevada Assemblywoman Cinthia Moore, D-Las Vegas, first saw the image on a page for Latina moms.

The image, however, wasn’t real. It was generated by artificial intelligence.

“This is something that didn’t exist in 2008,” said Moore, who started her immigrant advocacy work that year.

However, in other ways, Nevada immigrants have been here before — caught in Trump’s crosshairs.

Just like his first term starting in 2017, Trump on Monday declared a national emergency at the southern border to free money for his immigration plans.

He also stopped the practice of “catch and release,” the policy of not detaining people awaiting immigration court hearings. Of the record 26 executive orders he signed on Day 1, 10 were tailored to overhaul how immigration looks and feels.

Nevada has around 184,000 undocumented immigrants, according to the American Immigration Council. Those residents — and their families, including young children — are on edge.

“The misinformation we are hearing is injecting panic into our communities,” said Mary Wolfram, lead organizer with immigrant rights group Make the Road Nevada, in Spanish. “Then people get scared and no longer want to go to work or go about their daily lives.”

Tom Homan, Trump’s “border czar,” doesn’t hold back when stoking fear into the immigrant community. In an interview with Fox News in November, he laid it out plainly:

“While we’re out prioritizing the public safety threats and national security threats, if you want to self-deport, you should self-deport,” Homan said. “Again, we know who you are, and we’re going to come and find you.”

Moore attempted Wednesday night to help quell some anxiety, hosting a “know your rights” panel with Attorney General Aaron Ford, a Democrat, and state Sen. Edgar Flores, D-Las Vegas, who is also an immigration lawyer.

Around 100 people came to the Immigrant Home Foundation to hear how they can protect themselves, their friends and their family.

“I want to make sure that if there’s information out there, it’s accurate information,” Moore said.

Today, the Sun presents a guide for immigrants to better understand their legal rights.

Do I have to respond to Immigration and Customs Enforcement (ICE) agents at my door?

Only if they have a valid search warrant.

Las Vegas immigration attorney Hardeep Sull said agents sometimes bring a deportation order, which does not give them the right to go into someone’s home.

A search warrant also isn’t valid if it is not signed by a judge, Sull said.

People can ask to see a search warrant before letting ICE agents inside, either by having them slide it under the door or hold it up against a window. Even if it is signed by a judge, people do not have to open the door if the listed address is incorrect, according to Flores’ office.

“The Constitution applies to individuals who are undocumented the same way (it applies to) any other individual on American soil,” said Sadmira Ramic, senior staff attorney at the Nevada American Civil Liberties Union.

Organizations like Make the Road Nevada and Immigrant Legal Resource Center also have made available printable, wallet-sized cards people can hand to immigration officials stating they do not give permission to search their home.

Both cards note the right to remain silent, which is protected by the Constitution’s Fifth Amendment. It’s better to wait until an attorney is present, Flores said.

“You can never make a mistake by saying absolutely nothing,” Flores said in Spanish. “Whether you are right or wrong, it is your constitutional right to say nothing until you have the opportunity to speak with a lawyer.”

What if ICE shows up at my workplace?

Earlier this month, Homan told NBC News that the Trump administration would bring back worksite raids, which President Joe Biden ended soon after taking office in 2021.

ICE can get access to private businesses by auditing their I-9 documents, which employers use to verify employees’ identities and work authorization. The agency can also get in with a warrant.

In a “know your rights” packet designed for employers, Ford’s office wrote that ICE’s administrative warrants only grant agents access to public areas of businesses, such as storefronts. The packet recommends employers clearly mark what is and is not a private area.

With a warrant signed by a judge, however, ICE agents can access private areas.

If ICE has a valid warrant or is let in by an employer, Flores’ office said people should walk, not run, away. If they’re stopped, they can ask if they’re free to leave. If not, it’s time to stay silent and ask for an attorney.

“After they identify themselves, if they say they have the right to enter or arrest, they must show you a warrant, signed by a judge, stating the exact location of the address, the name of the person, if they are looking for someone, and an explanation of why,” Flores said.

I’m worried about myself, or a family member being detained. What can I do?

Ramic recommended undocumented people create a plan in case ICE’s national raids reach Las Vegas.

That includes gathering the proper paperwork regarding immigration status and entrusting it with a family member, obtaining an immigration attorney and figuring out who should take care of children if their parents are detained.

Alissa Cooley, managing attorney at the UNLV Immigration Clinic, told the Sun in December that people can also store files digitally. She recommended making a Google Drive account to share with someone “on the outside” if detained.

But if someone is already taken by ICE, Wolfram said the first step needed to be contacting a lawyer. From there, they can provide information on visitation, the potential to post bond and next steps in their family member’s process.

Will ICE agents work with local police?

Metro Police last week reaffirmed agency policy that it won’t aid federal officials in deportation efforts.

“LVMPD officers will not enforce immigration violations,” the policy reads. “Officers will not stop and question, detain, arrest, or place an immigration hold on any individuals on the grounds they are an undocumented immigrant.”

Metro in 2019 ended its 287(g) program with ICE allowing the department to detain immigrants at the request of federal authorities.

While Metro said it was suspending the practice, then-Sheriff Joe Lombardo had to “get creative and improvise” to find other ways “of getting these violent criminals off our streets,” according to his campaign website in his 2022 bid for Nevada governor.

Lombardo, who is now governor, signed a letter with other Republican governors stating they were “fully committed” to Trump’s deportation plans and “will do everything in our power to assist in removing (criminal immigrants) from our communities.”

A spokesperson with the Henderson Police Department told KLAS-TV, Channel 8, that its agency would also not assist with deportation efforts. North Las Vegas Police told the news station that it was “premature to speculate” about the impact of Trump’s policy.

However, Henderson Police will notify federal authorities if an undocumented immigrant is booked in the Henderson Detention Center, the television station reported. The detention center is also an ICE facility.

Clark County Sheriff Kevin McMahill told KLAS that if a “foreign-born” person drives drunk, commits a violent felony or abuses a partner, “We will run you through the system.” 

Are my children safe from immigration raids at school?

Trump revoked a Biden-era policy Tuesday preventing ICE and U.S. Customs and Border Protection (CBP) agents from making arrests at “sensitive locations” such as places of worship, schools and hospitals.

C.C. Ronnow Elementary School Principal Shelly Cruz-Crawford told attendees of Wednesday’s panel that the Clark County School District does not release students’ immigration status to agencies like ICE.

Schools don’t even have the information, said Cruz-Crawford, who is also a Democrat in the state Senate.

“If you’re nervous, your children feel that. And so I’m asking you to comfort your children and let them know that they are safe at school,” she said. “There are a lot of people fighting the good fight, so do what you can to stay positive in front of your children.”

The Clark County School District wrote in a statement Wednesday that children are entitled to public education regardless of immigration status. The district’s police department does not enforce federal immigration laws, according to the statement.

How do I check if there is a deportation order under my name?

According to the Immigrant Defense Project, people can call the Department of Justice’s Executive Office for Immigration Review hotline at 1-800-898-7180 to see if there has been a deportation order issued.

After putting in the person’s “A number,” which is given to migrants through U.S. Citizenship and Immigration Services, press “3” for the information.

Should I start carrying documents regarding my immigration status?

While U.S. citizens do not have to carry papers proving their status, noncitizens over the age of 18 are required to do so, according to U.S. Citizenship and Immigration Services.

Congress just passed the Laken Riley Act. What does that do?

The Laken Riley Act makes drastic changes to immigration law in America, requiring detention for undocumented immigrants charged with, not necessarily convicted of, crimes from shoplifting to assault of a police officer.

Michael Kagan, executive director of the UNLV Immigration Clinic, said the bill “throws out” the concept of innocence until proven guilty for immigrants.

To pull off the act, ICE would need to triple its current funding to add 110,000 beds and 10,000 personnel, according to internal documents obtained by National Public Radio. Moore said the legislation would pile on fear to a community already scared by Trump’s early actions in office.

“We are trying to tell (local immigrants) that they have to behave with more self-awareness,” Make the Road Nevada’s Wolfram said in Spanish. “They should not trust other people so much but rather be more cautious so as not to be detained and not be accused of something.”

Whom can I contact for help?

Attorney General Ford’s office distributed a list Wednesday of trusted local and national resources for local immigrants:

• Legal Aid Center of Southern Nevada: 702-386-1070

• Nevada Legal Services: 702-386-0404

• UNLV Immigration Clinic: 702-895-3000

• National Immigrant Justice Center: 312-660-1370

• Citizenship Project: 702-868-6002

• American Civil Liberties Union of Nevada: 702-336-1226

• American Red Cross — Southern Nevada Chapter: 702-791-3311

• Progressive Leadership Alliance of Nevada: 775-800-1851

• Catholic Charities of Northern Nevada: 775-322-7073