The reality of living in the United States today is that wrongful detentions happen—even to U.S. citizens and lawful permanent residents. ICE (Immigration and Customs Enforcement) has a documented history of detaining and even attempting to deport U.S. citizens and green card holders due to clerical errors, racial profiling, and failure to verify legal status properly.
It is not enough to assume that your citizenship or legal residency will protect you. You must take proactive steps to ensure that, if you are ever questioned or detained, you have everything you need to prove your status, secure legal representation, and get released quickly.
Here is how to prepare yourself before you ever need it.
1️⃣ The Importance of Proof: Always Carry Valid Documentation
Even though U.S. citizens and permanent residents do not have to carry proof of status at all times, not having it on you could result in an unnecessary and prolonged detention. ICE and law enforcement officials do not always verify status immediately, and if you do not have clear proof of your legal right to be in the country, you could end up fighting a battle you should not have to.
📌 U.S. Citizens: Carry a Passport Card or Certified Passport Copy
A U.S. passport card is one of the easiest and safest ways to carry proof of citizenship without carrying your full passport.
✔️ It fits in your wallet like a driver’s license.
✔️ It serves as government-issued proof of citizenship.
✔️ It is valid for domestic travel and identification.
If you do not have a passport card:
✅ Make a certified copy of your passport’s data page (the page with your name and photo).
✅ Have it notarized to confirm authenticity.
✅ Keep the original passport in a safe place, but carry the certified copy with you.
A state ID does NOT prove citizenship—it only proves identity. ICE has mistakenly detained U.S. citizens with state IDs because they did not have proof of legal status on them.
📌 Permanent Residents: Carry Your Green Card
As a lawful permanent resident (LPR), you are required by law to carry your green card at all times.
✔️ Keep your green card with you at all times, even when running errands.
✔️ If your green card is lost or expired, file for a replacement (Form I-90) immediately.
✔️ If possible, carry a notarized copy of your green card as backup.
If ICE questions you and you do not have your green card, they can detain you until they confirm your status—which can take hours or even days.
2️⃣ Find a Habeas Corpus Lawyer NOW (Before You Need One)
If you are wrongfully detained, you need a lawyer immediately. A habeas corpus lawyer specializes in challenging unlawful detention and can file an emergency petition to force ICE or law enforcement to release you.
Do this today:
✔️ Search for local habeas corpus or immigration attorneys (Google “Habeas Corpus lawyer near me”).
✔️ Save their phone number in your phone under “ICE Lawyer” or “Emergency Attorney.”
✔️ Memorize at least one phone number of a trusted person who can call the lawyer on your behalf.
💡 Pro Tip: If your job offers a MetLife Legal Plan, check if you have legal benefits that cover immigration or civil rights attorneys. If you do, write down the lawyer’s contact info and keep it with you.
3️⃣ What to Do If ICE or Law Enforcement Detains You
🚨 If ICE stops or detains you, follow these steps to protect yourself:
🔹 Stay Silent
You are not required to answer any questions.
🚫 Do not admit where you were born.
🚫 Do not say anything about your immigration status.
🚫 Simply say: “I am exercising my right to remain silent.”
🔹 Ask If You Are Free to Go
If you are not under arrest, you can leave.
❓ Ask: “Am I being detained, or am I free to go?”
If they say you must stay, remain silent and demand a lawyer.
🔹 Do NOT Sign Anything
ICE may try to pressure you into signing a voluntary departure form—which means you are agreeing to leave the country even if you are a citizen or legal resident.
❌ Do not sign ANYTHING without a lawyer present.
🔹 Demand a Lawyer Immediately
You have the right to an attorney, but ICE will not provide one.
📞 Call your lawyer or have a trusted person call for you.
📍 If you do not know where you are being held, your family can search for you using ICE’s Detainee Locator Tool (locator.ice.gov).
4️⃣ Know Your Legal Rights & How to Get Released
📌 If You Are a U.S. Citizen:
• ICE cannot legally detain or deport you.
• If they refuse to release you, your lawyer can file a habeas corpus petition for immediate release.
📌 If You Are a Permanent Resident (Green Card Holder):
• You cannot be deported unless ICE proves you committed a serious offense.
• Your lawyer can request a bond hearing to secure your release.
⛔ If ICE mistakenly places you in removal proceedings:
• Your lawyer can file Form N-600 (if you are a U.S. citizen) or Form EOIR-42B (if you are a permanent resident).
5️⃣ Prepare Now: Your Emergency Action Plan
🚨 Do this today to protect yourself from wrongful detention:
✅ Get a Passport Card (or a notarized copy of your passport) if you are a U.S. citizen.
✅ Carry Your Green Card if you are a permanent resident.
✅ Find a Habeas Corpus lawyer & save their number in your phone.
✅ Memorize at least one trusted person’s phone number who can call for you.
✅ Check your MetLife Legal Plan (if available) for covered attorneys.
✅ Inform your family on what to do if you are ever detained.
It is better to have this information and never need it than to need it and not have it.
Final Thoughts: Protect Yourself & Stay Prepared
Being a U.S. citizen or legal resident does not make you immune from wrongful detention. ICE and law enforcement have detained, jailed, and even attempted to deport people who had every right to be in the country.
🔹 Do not wait for something to happen—protect yourself now.
🔹 Have proof of status, legal contacts, and an emergency plan ready.
🔹 Stay silent, demand a lawyer, and never sign anything without legal representation.
🚨 Share this article with your community—someone may need this information. Knowledge is power, and preparation is protection.
#StayReady #KnowYourRights #LegalProtection #ICEAbuse #HabeasCorpus #CitizenshipMatters