ICE and CBP in NJ
As elected representatives of the NJ Democratic Party, we take responsibility for educating our community about their rights and responsibilities as citizens, and for supporting people who feel concern about the current immigration crackdown and the growing presence of federal agents in our towns and communities.
We all need to do our part to connect residents to resources and credible organizations.
DIRECT ACTIONS
There are several ways you can help:
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Call representatives, senators, other officials at state and federal level to apply pressure regarding immigration issues and ICE/CBP activity. Contact information is available here *** according to many elected representatives, this is the most effective action you can take ***
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Participate in protests and resistance organizations - Indivisible, No Kings, etc. (Local groups include West Essex and Montclair)
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Make contributions to causes, politicians, organizations that are focused on immigration issues and federal lawlessness
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Act as a legal observer (see below)
ADVICE FOR BYSTANDERS OR OBSERVERS
These resources are meant as advice for bystanders or observers of ICE activity.
This is NOT legal advice. Every situation is different, and while you have rights, some of these agents and groups are trampling on those rights.
Safety is a priority, as is protecting ourselves and our loved ones, our neighbors, and our community.
KNOW YOUR RIGHTS AS A RESIDENT OR CITIZEN
If you or someone you know or see is approached by ICE, you should know that:
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ICE cannot arrest someone without probable cause that the person is undocumented or deportable.
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The person does not have to answer questions about immigration status or nationality.
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They can ask: “Am I free to go?”
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If not free to leave, they have the right to remain silent and ask for an immigration attorney.
If you experience, or are witness to, a search of a person or their property by ICE:
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ICE cannot search a person or their belongings without consent or a valid warrant.
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The person can say: “I do not consent to this search.”
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ICE generally cannot demand foreign passports or nationality documents unless they have a warrant signed by a judge (this is rare).
It’s important to know your rights and to expect federal agents to respect them, but understand that they may not respect your rights and it is better to avoid encounters if possible. Be careful.
ILLEGAL ENTRY / WARRANTS
You have a right against illegal entry. A judicial warrant is required in order for agents to enter your home. Agents have been presenting non-official warrants and you should understand and recognize the difference. The warrant should be from a real court and have an actual signature from a judge, and be dated correctly.
More information about warrants is available here.
If you believe agents are entering your home illegally, say you need to speak to your lawyer. If you do not have a lawyer, the ACLU may be able to help you find representation, or try Legal Services of NJ.
KNOW YOUR RIGHTS AS A LOCAL BUSINESS OWNER
Agents may not enter private premises without a real judicial warrant from an actual court, as with people's homes.
If your business has public and private space, have clear signs for "private" or "employees only" areas, because while agents can enter public spaces (such as a store, restaurant, etc), they cannot enter spaces that are explicitly not open to the public (without a judicial warrant).
Save your lawyer's number.
INTERESTED IN BEING A LEGAL OBSERVER?
WHY:
DOCUMENTING can lead to accountability
You can help expose abuses and track tactics
You can protect communities and potentially deter violence or misconduct
WHERE:
You have the right to take pictures or videos in public spaces
In private spaces - such as other people's homes or shops - the owner of the space can approve or prevent people recording
HOW:
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Stay calm and observant.
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If it is safe, you may record the interaction:
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Keep a safe distance
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Do not interfere or argue with officers
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Keep the camera steady and silent
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Do not edit the video afterward
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If recording is not safe, write down details as soon as possible:
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Time and location
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Badge numbers or names (if visible)
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What was said and done
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WHAT you should document (“SALUTE”):
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Size
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Activity
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Location
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Uniform
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Time
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Equipment
As an observer you do not participate in protest, do not provide advice, do not speak to media, do not document protester behavior – you should focus on the ICE/CBP agents.
Safety must be your #1 priority. If ICE/CBP seems about to use force, back off and get to a safe distance.
More information, as well as observer trainings, is available at the New Jersey Alliance for Immigration Justice.
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Other organizations that provide assistance to immigrants or people detained by ICE or CBP:
Immigrant Rights Program
Make the Road New Jersey
Legal Services of New Jersey
Kids in Need of Defense
Catholic Charities of the Archdiocese of Newark - Bishop Francis Center for Immigration Legal Services
STAY PREPARED
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Memorize an emergency contact number
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Memorize your immigration attorney's number (if you have one)
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Keep a list of medications, allergies, and medical needs accessible
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Keep copies of important documents in a safe place
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Share this information with other trusted friends and family members. Know who to call if they are detained
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