Episode #2: INjustice for immigrants
In this episode of Criminal INjustice, Trial Attorney Casey Krizman interviews Immigration Attorney Andrew Younkins. They cover a lot of ground, including what people concerned about getting caught in the ICE dragnet should do. Younkins provides this advice.
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During an ICE Encounter
Ask Key Questions
- Calmly ask, “Am I being detained?” If not, follow up with, “Am I free to go?” If released, leave promptly.
- Remain Silent: You have the right to refuse answers beyond identifying yourself (if legally required). Politely state, “I choose to remain silent.”
Entry to Your Home
- ICE cannot enter without a judicial warrant (signed by a judge). Ask to see the warrant through a window or under the door. Administrative warrants (from ICE) do not permit entry.
Documents to Carry
- Carry: U.S.-issued paperwork like an Employment Authorization Document (EAD), asylum application receipts, immigration court notices, or attorney letters confirming active legal proceedings.
- Avoid: Foreign passports, tax IDs, or documents implying non-citizen status. These could increase scrutiny.
Prepare in Advance
- Red Cards: Carry a “know your rights” card (available from immigration advocacy groups) outlining your right to remain silent and deny entry without a warrant.
- Emergency Plan: Share legal and emergency contacts with family. Designate someone to manage responsibilities if you’re detained.
If Detained
- Request a Lawyer: State clearly, “I need my attorney.” While ICE isn’t required to provide free counsel, nonprofits like the Colorado Immigrant Justice Fund and the Rocky Mountain Immigrant Advocacy Network can assist.
- Contact Consulate: Non-citizens have the right to notify their consulate.
Krizman Law is known for its relentless pursuit of justice for clients. That means thoughtfully listening to the client's story, diligently investigating the circumstances and the law, and aggressively advocating for the client in front of prosecutors, judges, and juries. If you're looking for a lawyer to fight on your behalf, consider these other Krizman Law success stories or call us at 720-819-7317.
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