Councilmember Mink Issues Guidance Concerning New Federal Immigration Rules

With recent changes to immigration enforcement under the President Donald Trump Administration, Councilmember Kristin Mink published a list of resources and information for affected county residents.

While enforcement by the U.S. Immigration and Customs Enforcement (ICE) has not changed, refugee support has, she noted. She pointed out that Trump issued an executive order ending funding for resettlement agencies and ordering them to halt their work. This order applies to any organization “contracted by the federal government to assist documented refugees — including those here because they assisted the U.S. military and thus face danger at home — get housing, proper services, employment, etc.,” she wrote in an update to residents.

“We will need to find a way as a County and community to try to pick up the pieces, quickly,” she stressed, asking that anyone who wants to help or donate to fill out this form: bit.ly/MoCoEvictionVolunteers.

Mink included ways to help:

If you think you see ICE or Customs & Border Patrol (CBP), get photo or video documentation if you feel safe doing so and call CASA’s tipline: 1-888-214-6016.

“Rumors and misinformation drive fear and panic and make legitimate threats harder to identify. They make our community less safe. Every law enforcement sighting is not ICE, and every ICE sighting is not a raid. Thus far, ICE activity in Montgomery County has been consistent with what was happening under Biden,” Mink wrote.

Other advice includes:

• If you see friends posting rumors or misinformation, send them the above guidance.
• Empower yourself and others with Know Your Rights information. Share it widely. Comprehensive information from CASA on your rights during ICE encounters at home, on the street, in the workplace, and more is available here in English, Spanish, and French: Know Your Rights booklet
• Ask business owners, faith leaders, and service providers to hang up and distribute Know Your Rights flyers (also available in Arabic, Haitian Creole, and more).
• Ask your school to send home paper copies of the MCPS immigration guidance for families. See MCPS flyer at the top of this web page.
• Sign up to help at-risk families or donate here.
• Stand clearly in our shared values of welcoming immigrants and embracing diversity, which are reflected in Montgomery County’s laws and policies, and have been a cornerstone of our identity and our successes for decades.
• Don’t let fear drive you to comply in advance. As you can see from the Maryland Attorney General’s message below, our state and local government will not do so either.

Montgomery County Police do not enforce immigration law. That is a federal responsibility. Residents should be aware that ICE agents often wear civilian or plain clothing with dark bulletproof vests that have the words POLICE ICE or POLICE FEDERAL AGENT on them.

They need a warrant signed by a judge to enter someone’s home or business.

Montgomery County Public Schools does not require families to state their immigration status and does not report undocumented students to ICE. Schools are prohibited, without parental consent, from providing information from a student’s file to federal immigration agents unless they have a subpoena.

MCPS administrators have been given a strict protocol to follow if an ICE agent or other non-local law enforcement comes to a school to inquire about a student. Notably, it starts with asking them to wait outside and then making a call for legal support, according to Mink.

Read MCPS’s protocols for administrators and guidance for families.

Mink also listed the rights of county residents when stopped by an ICE agent. They include:

• You have the right to remain silent.
• You DO NOT have to tell ICE your name, if you’re in Maryland. (In some states, you do.)
• You DO NOT have to answer any questions, show ID, or sign anything.
• You have the right to REMAIN SILENT.
• DO NOT lie to or give the officer fake or foreign documents. This can be used against you.
• Ask, “Am I being arrested or detained?” If NO: Walk away slowly. Running may be used against you. If YES: Ask to speak to an attorney. Then remain silent. Don’t sign anything.
• You do not have to open the door for ICE (or police) unless they have a valid warrant signed by a judge (not an “authorized immigration officer” or anything else) with the correct address.
• If they ask you to open the door, ask them to slip a signed warrant under the door or through a cracked window, or to hold it against a window for you to photograph.

Mink also suggested undocumented residents create a safety plan.

• If possible, talk to your employer about refusing to allow ICE access to non-public areas of your workplace, and get all your coworkers to agree to remain silent if ICE comes to your job. If ICE comes, try to stay calm and do not run. This may be viewed as admission that you have something to hide. Remain silent.
• Identify an emergency caretaker for your children.
• Give family or trusted friends copies of your important documents and your immigration “A” number, if you have one.
• Consult with an immigration attorney BEFORE you encounter ICE. CASA can refer you to legal services: 301-431-4185.
• You have the right to make a phone call if arrested. Memorize at least one emergency phone number of your attorney, family member, or friend.
• If you have been previously deported from the United States, or have been ordered deported by an immigration court, immigration can deport you much more quickly. Consult with a trusted immigration attorney to evaluate your immigration history.

If you are detained by ICE:

• You have the right to remain silent.
• DO NOT lie. Just assert your right to remain silent.
• DO NOT SIGN ANYTHING until you speak with an attorney.

Businesses, houses of worship, nonprofits, etc. have these rights:

• You have the right to bar ICE from private areas if agents do not have a valid warrant – signed by a judge (not anyone else) – that specifies they must be given access at that address. DO NOT let them into private areas without a thorough review of their warrant. Identify who is authorized to review warrants (ideally an attorney).
• Empower staff to say, “That area is private. I’m not allowed to let anyone back there.” Ensure staff know who to call for review if a warrant is presented. Put the plan in writing and train your staff.
• Private areas may be staff only, areas where people receive private consultations, where shelter guests sleep, etc. Post signs on doorways to make these areas clear. For example: “PRIVATE: STAFF ONLY” or “PRIVATE: CLOSED TO THE GENERAL PUBLIC.”
• Ensure customers, clients, and staff know their rights. Know Your Rights flyers can go on doors, front desks, in bathrooms, etc.

“By staying united as a community, grounded in our values, and strategic in our preparations and responses, we will keep Montgomery County safe and moving forward,” she wrote.