The circumstances surrounding the shooting death of Lorenzo Salgado Araujo in Houston on July 7 are controversial. Here’s what you need to know about your rights.
Houston Mayor condemns ICE killing of Lorenzo Salgado Araujo
Houston Mayor John Whitmire said the city is pursuing an independent investigation into the killing of Lorenzo Salgado Araujo by ICE.
Another fatal shooting shows how encounters with federal immigration authorities can quickly turn deadly.
The circumstances of Lorenzo Salgado Araujo’s death in Houston on July 7 are disputed, with witnesses contradicting key details released by immigration authorities. The deaths mirror those of Renee Good, who was shot to death in Minneapolis, and Silverio Villegas Gonzalez, who was murdered in Chicago.
Authorities said Salgado Araujo, 52, “used a weapon” on the car and tried to run over the police, but passengers in the van insisted that was “completely false.” Meanwhile, Houston Mayor John Whitmire said Salgado Araujo was “followed by an unmarked vehicle before he could identify himself.”
Federal immigration officers have a different role than local police officers who are expected to conduct traffic stops. The American Immigration Council, an advocacy group, says ICE can’t stop a car for a regular traffic violation, but it can stop a car if it has reasonable suspicion that someone is violating federal law, such as if someone appears to be in the country illegally.
Here’s what immigration and civil rights groups want you to know about ICE stops.
What are your rights if you are stopped by ICE?
According to the ACLU, there are several things you should do if you are pulled over by ICE, including remaining calm, telling the truth, and being cooperative.
However, there are some other important things you should know to stay safe if you are stopped.
- You have the right to remain silent. You should say out loud that you are exercising your right to remain silent. Please note that in some states you may be required by law to identify yourself to police.
- You don’t have to consent to a search of your home, but authorities may hold you in contempt if they suspect you of carrying a weapon.
- If you are arrested by the police, you have the right to speak to and have an attorney appointed. If you are arrested by ICE, you still have the right to speak to an attorney, but the government is not required to provide one. You can request a list of free or low-cost attorneys.
- In most cases, you do not need to answer questions about your immigration status, where you were born, or how you entered the United States. Different rules may apply at the border and for people with certain nonimmigrant visas.
- If ICE detains you, you have the right to contact the consulate or have an officer notify the consulate that you have been detained.
- You do not have to answer any questions or sign anything before speaking with an attorney. If you don’t understand what the police officer is saying or can’t read the documents he gives you, let him know that you need an interpreter.
What would you do if an immigration officer came to your house?
The ACLU says immigration officials cannot enter your home without your consent or a signed warrant. ICE has said it doesn’t require a judicial warrant, but an administrative warrant signed by an ICE officer can bring people into the country, a move some experts say is unconstitutional. The National Immigration Justice Center website has sample images to help you spot the difference between a judge-signed warrant and an administrative warrant.
According to the ACLU, here’s what you should do if an immigration officer comes to your home:
- Please remain calm and close the door. Instead of opening the door, ask the officer to show your identification or documents by holding it up to the window or sliding it under the door.
- Even if the officer has a warrant, you have the right to remain silent. The ACLU recommends that you remain silent until you speak with an attorney. Do not make false statements or submit false documents.
- You have the right to refuse entry to an ICE officer unless the officer has a specific type of warrant.
- The ACLU says that if a police officer forces entry into your building, you should not resist and say, “I do not consent to your entry or search of my premises. I am exercising my right to remain silent. I would like to speak with an attorney as soon as possible.”
- Law enforcement has the right to enter if they have an arrest warrant naming a person at that address. They can also enter if they are on probation with the condition that they may be searched.
Contributions: Michael Loria, Eduardo Cuevas, Kinsey Crowley
