On Tuesday morning, MSNBC host Ana Cabrera devoted a segment to letting an immigration attorney advise audience members on what they can do to either avoid being arrested by ICE, or assist someone who is being arrested.
After the segment began by showing news clips of immigrants complaining about being afraid because of the ICE raids, Cabrera recounted:
From Baltimore to Las Vegas, reports of fear in immigrant communities as immigration raids have really ramped up significantly since President Trump took office. And now legal advocates are urging undocumented immigrants to learn their rights in case they're detained because that information could be hard to come by once you're in ICE custody. Just last week, the DOJ ordered an end to "know your rights" presentations and posters in ICE facilities.
After bringing aboard immigration attorney Ellen Pachnanda of Brooklyn Defenders, the MSNBC host began by asking her guest if she's receiving lots of phone calls in the current climate, and Pachnanda quickly got into explaining what she thinks possible ICE targets should know and referred to the website WeHaveRights.us which has relevant instruction videos:
And I think it's important that we remind everyone that, regardless of your immigration status, you have rights. And that's why we launched "WeHaveRights.us, which, with our partners at the ACLU and the Immigrant Defense Project, are a series of videos that are available online at WeHaveRights.us which outline your rights when ICE is at your door, when ICE approaches you in the street or the community, when arrests you, and, most importantly, when ICE also -- when they're in your home. These are rights that you have, and I can go through the specific rights that individuals have.
As Cabrera followed up, she played a clip of a video from the website on how to deal with ICE agents visiting a private home. The MSNBC host then posed: "If agents show up at your door, what do you do? What can you do? And what are the other tough questions you're getting?"
Pachnanda recommended that viewers demand a warrant if ICE agents come to their home or approach them on the street, and advised not to divulge information that could help the agents make their case:
Well, if agents show up at your door, do not let them in unless you see a judicially signed warrant. That's critical because ICE officers do not show up with that -- then make sure if for -- if you're approached on the street -- if you're approached in the community, remember you do not have to answer any questions. You do not provide any information about your immigration status. ... If, unfortunately, you do get detained by ICE and they approach you and they say you're under arrest, remain silent, ask for a lawyer, and do not sign any documents when you're with them.
Cabrera then brought up the possibility of American citizens hiding illegal aliens and asked if it was illegal to do so: "So what about American citizens who want to help protect some of those vulnerable population? Could an American citizen be held legally liable if they tried to hide an undocumented immigrant, for example?"
Pachnanda, instead of informing viewers that helping illegal aliens hide is illegal, she pivoted to recommending that a viewer who witnesses an ICE detention should record it at a safe distance.
Transcript follows:
MSNBC's Ana Cabrera Reports
January 28, 2025
10:50 a.m. Eastern
ANA CABRERA: From Baltimore to Las Vegas, reports of fear in immigrant communities as immigration raids have really ramped up significantly since President Trump took office. And now legal advocates are urging undocumented immigrants to learn their rights in case they're detained because that information could be hard to come by once you're in ICE custody. Just last week, the DOJ ordered an end to "know your rights" presentations and posters in ICE facilities.
And joining us now, Ellen Pachnanda is the director of the Immigration Practice at Brooklyn Defenders -- one of America's leading organizations offering public defenders for detained immigrants. Ellen, it's good to have you here. Thank you so much. What is your world like right now? Is the phone just like ringing off the hook?
ELLEN PACHNANDA, BROOKLYN DEFENDER SERVICES: Yes, and I think it's a lot of clients, as you explained, are in fear. They're confused about what's happening, and there's so much uncertainty. And I think it's important that we remind everyone that, regardless of your immigration status, you have rights. And that's why we launched "WeHaveRights.us, which, with our partners at the ACLU and the Immigrant Defense Project, are a series of videos that are available online at WeHaveRights.us which outline your rights when ICE is at your door, when ICE approaches you in the street or the community, when arrests you, and, most importantly, when ICE also -- when they're in your home. These are rights that you have, and I can go through the specific rights that individuals have.
CABRERA: We actually have a little bit of a clip to play of one of those videos you just mentioned. Let's listen to that.
VOICE OF NARRATOR: Do not open the door if authorities come to your home no matter what they say. Without a warrant signed by a judge, they have no authority to enter. But beware. ICE may enter your home forcefully anyway. And if they do, you ask them to leave if they don't have the proper warrant. Be prepared, do not panic, and remember we have rights.
CABRERA: So we learned something in just that short clip. But walk us through it. If agents show up at your door, what do you do? What can you do? And what are the other tough questions you're getting?
PACHNANDA: Well, if agents show up at your door, do not let them in unless you see a judicially signed warrant. That's critical because ICE officers do not show up with that -- then make sure if for -- if you're approached on the street -- if you're approached in the community, remember you do not have to answer any questions. You do not provide any information about your immigration status. And you should be prepared. You should be prepared and appoint an individual in your life that you trust to care for your children, and that individual should hold onto any identity documents. If, unfortunately, you do get detained by ICE and they approach you and they say you're under arrest, remain silent, ask for a lawyer, and do not sign any documents when you're with them.
CABRERA: So what about American citizens who want to help protect some of those vulnerable population? Could an American citizen be held legally liable if they tried to hide an undocumented immigrant, for example?
PACHNANDA: Well, what we have a video also that's available by witness that we worked with is talking about what you can do as a bystander, right? So if you see these encounters that are on the street, you have a right to record them. If an ICE agent asks you to turn off the recording, then you should stop, but the way that American citizens right now -- because so many people want to help everyone in this country who's facing this fear and facing this possible detention, WeHaveRights has a way to do that -- to make sure you're sharing this information so that people understand, regardless of your immigration status in this country, you have rights. And you have rights under the Constitution and due process, but, in the face of this kind of fear -- which that's what this is causing -- you have rights.
CABRERA: Well, thank you so much for coming in here and sharing that important information and offering people a place to go and get more information.
