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One NH immigration lawyer explains some rights everyone has when interacting with ICE

Red cards at a Justice Fair held at Concordia Lutheran church on Feb. 8, 2025.
Lau Guzmán
/
NHPR
Red cards at a Justice Fair held at Concordia Lutheran church on Feb. 8, 2025. These outline the rights of any person when interacting with ICE, regardless of their status.

With the Trump administration's focus on stricter immigration enforcement, many in the state’s immigrant communities are wondering how to act in case of an encounter with immigration enforcement officers.

There's also uncertainty as other federal policies have changed in the last few weeks, including suspending refugee resettlement.

Lee esta historia en español

NHPR’s Qué Hay de Nuevo team spoke with Enrique Mesa, an immigration attorney based in Manchester with over 10 years of experience, about what people need to know to face this situation.

Mesa said people he's spoken with are nervous about immigration right now – even those who have been in this country for a long time without any problems.

"People are so worried about what's happening with this administration that this is really a very frustrating time," he said in Spanish.

He added that new measures from the Trump administration mainly affect undocumented people. Because of this, immigrants who have permanent residency or are citizens have protections.

Here are some important points to keep in mind, according to Mesa. (The information below does not constitute legal advice).


Know Your Rights

Everyone has certain rights when interacting with immigration officers, regardless of their immigration status.

For example, if someone is at home and an immigration officer knocks at the door, you don't have to open the door, unless the officer has a judicial warrant.

Mesa said Immigration and Customs Enforcement is a civil agency that doesn't have the power to break down a door.

"They can only knock on the door. And if you open that door, that's when they can enter your home," he explained. "If they are in front of your house, they cannot break down the door."

However, he said that anyone who decides not to open the door should be prepared to stay at home for a while until ICE leaves the area.

Several local organizations are organizing Know Your Rights seminars across the state to prepare people if they were to encounter immigration officers.

Red Cards

People can carry red cards if they’re out running errands or going to work. These outline the rights of any person when interacting with ICE, regardless of their status. They are translated into several languages, including Spanish, French and Portuguese. They can be downloaded and printed for free online or are offered by several local organizations.

The red cards say that everyone has the right to remain silent, to not sign anything and to ask for a lawyer. If an agent receives one, they know that the person knows their rights.

"The important thing for me about that card is that people need to understand that they should be concise when they are talking to immigration," Mesa said. "People think 'Look, I'm going to talk to ICE and ICE is going to say, ‘You know what? This is a good guy. I'm going to let him go.' No, they're not like that."

ICE Raids

Mesa added that he has seen an increase in the number of ICE activity compared to previous years. Looking at recent numbers, he said that a greater number of deported people have no criminal record. He said this administration is interested in numbers.

"They're not interested in deporting criminals," he said. "They only say that for now, but when they're frustrated that they can't deport criminals because they can't find them, they're going to deport the people they can."

He said it's time for undocumented people to be on alert and stay away from places where ICE is – as long as the information comes from a reliable source.

Finding a Lawyer

If it's necessary to hire an immigration lawyer, Mesa said it's important to hire a lawyer who has the proper credentials. These can be verified by the lawyer’s bar association number, by verifying the university where they studied, or by a Google search.

Especially for Latinos, he said it is very important not to use a multi-service business or a tax filing agency for immigration processes, also known as notarios.

"Those people don't know anything about immigration," he said. "They know how to fill out a form perfectly, but if they do something wrong, it can affect your life, your future in this country."

I cover Latino and immigrant communities at NHPR. My goal is to report stories for New Hampshire’s growing population of first and second generation immigrants, particularly folks from Latin America and the Caribbean. I hope to lower barriers to news for Spanish speakers by contributing to our WhatsApp news service,¿Qué Hay de Nuevo, New Hampshire? I also hope to keep the community informed with the latest on how to handle changing policy on the subjects they most care about – immigration, education, housing and health.

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