Information regarding US Immigrations and Customs Enforcement

Posted January 30, 2025

If you find yourself detained by ICE (Immigration and Customs Enforcement) under the mistaken belief that you are an undocumented immigrant when you are a Native American (American Indian), here are steps you can take:

1. Remain Calm and Polite: Stay as calm as possible. Being polite can help de-escalate the situation.
2. Assert Your Identity:
   • Inform the Officers: Clearly state that you are a U.S. citizen and a member of a Native American tribe. Provide your tribal identification if you have it with you.
   • Show Identification: Present any identification you have, like a driver’s license, tribal ID, or other government-issued documents that confirm your identity and citizenship.
3. Ask to Speak to a Supervisor: If the officers do not seem to accept your documentation or claims, ask to speak with a supervisor or someone higher up who can make a more informed decision.
4. Legal Rights:
   • Right to an Attorney: You have the right to an attorney. If you can, contact one immediately. If you cannot afford one, you might be provided with one if you are detained for an extended period.
   • Silence: You have the right to remain silent. If you choose to speak, do so carefully, ensuring you clarify your identity and rights as a U.S. citizen.
5. Seek Immediate Assistance:
   • Contact Your Tribe: If you’re enrolled with a tribe, contact your tribal office for support. Many tribes have resources or liaisons who can assist in such situations.
   • Call for Help: Contact friends, family, or community organizations that can provide support or legal advice.
6. Document the Encounter: If possible, document the interaction by noting:
   • The names and badge numbers of the officers involved.
   • The time, date, and location of the incident.
   • Details of what was said and done.
7. File a Complaint:
   • After the situation is resolved, you can file a complaint with ICE or the Department of Homeland Security’s Office of Inspector General about the mistaken detention. This can help prevent similar occurrences in the future.
8. Follow Up:
   • Ensure you follow up with any legal representatives or tribal officials regarding the resolution of your case.
   • Consider legal action if you feel your rights were significantly violated.
9. Educate Others: After resolving your situation, consider sharing your experience to educate others in your community about their rights, how to handle similar situations, and how to carry documentation that clearly identifies their citizenship and tribal membership.

Remember, while these steps are aimed at resolving the immediate issue of wrongful detention, the specifics of any situation can vary. Always prioritize your safety and rights in such encounters.