Approached about your immigration status? Know your rights.

KANSAS CITY, Mo. (KCTV) - With a recent local Homeland Security Investigations encounter, it’s important for people to know their Constitutional rights.

On Friday, Feb. 7, a customer at El Potro restaurant in Liberty took footage of Homeland Security Investigations removing employees.

When Clay County Sheriff Will Akin learned that HSI was at the restaurant, he went and asked the federal agents questions. After talking with them, he was under the impression that the agents were there for a work site enforcement check and that the agents had a warrant out for a person for child sex crimes. This turned into 12 people being removed from El Potro.

Rekha Sharma-Crawford is a Kansas City-based immigration attorney who gave tips to businesses that could be at risk.

“Businesses need to be vigilant in exercising their Constitutional rights,” said Sharma-Crawford. They have certain rights, and they should have a conversation with their employees as to what they should and should not do.”

Sharma-Crawford is no stranger to the idea of the Department of Homeland Security in public places.

“I wish I could say this never happened, I mean we saw this under the first istration when they did it the last time,” said Sharma-Crawford.

She spoke on a settlement agreement from 2022 regarding warrantless arrests and vehicles involving ICE. Castañon Nava et al. versus the Department of Homeland Security puts limits on what ICE can do in many states, including Kansas and Missouri.

“If you walk in a restaurant and you’re looking for person A, everybody else in the restaurant that they take are called collaterals, and you’re not really allowed to do that, and in fact, they’re in violation of a settlement agreement that they entered into,” said Sharma-Crawford.

The American Civil Liberties Union provides helpful information for immigrants in a number of scenarios. Regardless if someone is in a public place or their home, they should be aware of their rights when approached by police, ICE or Border Patrol.

DO:

Know that you have the right to remain silent. If you wish to exercise your right, say so out loud.
Carry your papers with you at all times if you’re over 18.
Make emergency plans for your children or dependents.
Memorize your family ’ and lawyer’s phone numbers.
In an encounter with agents or officials, write down as much information as you . Get witness information.
Have your hands raised so that officials can see them at all times.

DON’T:

Lie or give any false documentation.
Resist or obstruct agents or officers.
Flee or argue.
Say anything that can be used against you in immigration court.

If you are arrested:

Know you have the right to a government-appointed lawyer. You should ask for one immediately.
Know that you have the right to a private phone call within a reasonable time of your arrest. Police may not listen if you are talking with a lawyer.

The Missouri GOP has taken a strong stance on immigration, as stated in Missouri Senate Bill No. 72. This bill states that if someone makes a report where an ‘illegal alien’ is arrested, the person will receive a reward of $1,000. It goes into effect on Aug. 28, 2025.

If ICE shows up at your residence:

Keep the door closed

Ask:

Are you an immigration agent?
What are you here for?
Could you please show me a badge of identification?
Do you have a warrant signed by a judge?

If officers do have an arrest warrant, agents are legally allowed to enter the person’s home if they believe they are inside. If officers have a warrant of removal or deportation (Form I-205), officers cannot enter the home without consent.

Additional resource pages:

Knowing your rights can help reduce your risk. Visit the ACLU website for more information.

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