David Mesta, lead organizer with Comunidades Organizando el Poder y la Accion Latina (COPAL) provided information about the rights immigrants and citizens during a special Immigration forum at the New Ulm Public Library Tuesday.

NEW ULM — With Immigration and Customs Enforcement (ICE) enforcement on the rise nationwide, many immigrants and U.S. citizens are struggling to understand their legal rights.

On Tuesday, the New Ulm Human Rights Commission hosted an informational forum on immigration rights. David Mesta of the advocacy group Comunidades Organizando el Poder y la Accion Latina (COPAL) Minnesota, broke down facts regarding immigration rights.

“Every person has some basic rights,” Mesta said. “[including] immigrants and people on visas — its not just citizens.”

Many of these rights were guaranteed under the U.S. Constitution. He said that under the Fourth Amendment, citizens do not need to allow law enforcement to enter a home without a warrant signed by a judge.

Mesta said ICE agents will sometimes present a warrant, but unless a judge has signed off on the warrant they are not allowed to enter a private residence.

“If you’re wondering why [ICE] don’t open the door, it is because they are waiting for you to open the door yourself,” Mesta said.

He explained that if ICE agents had a warrant signed by a judge, they would not need permission to enter the home. They would just enter the home by force. Typically if ICE is asking a person to open the door, it is because they do not have a true warrant.

He advised people not to even open the door to view a document. If the door opens a crack, ICE could use that as evidence of permission to enter. Mesta said if they want to hand over documents, have them slide it under the door or hold it up to a peephole.

Mesta repeated these tips throughout the forum to emphasize their importance.

“One of the most important things we tell people is just to pretend you’re not home,” he said.

The right to remain silent under the Fifth Amendment is available to immigrants.

“The best legal advice is don’t say anything,” Mesta said “because anything can be used against you.”

In the event of an arrest, an immigrant should provide truthful answers about name, address and date of birth but remain silent on all other questions.

Mesta said that if arrested by ICE, do not run and do not sign documents. He explained sometimes ICE has pressured individuals to sign documents revoking visas or refugee status. He advised anyone to wait for a lawyer before signing a document. However, Mesta warned the Sixth Amendment right to an attorney did not apply to immigration. He recommended carrying contact information for legal services.

Other documents he recommended immigrants carry include State and local IDs. Mesta said Minnesota provides IDs to non-citizens. He recommended carrying copies of immigration documents indicating lawful status but never carrying the original documents to avoid losing them.

When encountering ICE outside of the home in a public space, Mesta said not to run or provide false documents. Individuals may ask if they are free to leave. If stopped while driving, show a driver’s license.

At places of employment, staff can refuse to talk to ICE. In addition, ICE cannot enter private areas without permission or a judicial warrant.

Mesta also explained the rights of those observing an ICE arrest. He said anyone had the right to film the interaction, but could not interfere with the arrest. He recommended anyone filming an arrest stand at least five feet away.

If a person filming even touches an ICE agent, that agent could charge that person with assaulting an officer and arrest them.

“Even just a tap on the shoulder is considered assault,” he said.

ICE does not have the right to confiscate a phone or a person filming. He recommended placing a security password on a phone to prevent agents from unlocking it.

Several people attending the forum express concerns about being able to identify ICE agents from potential assailants. It has become common practice for ICE agents to wear plain clothes and masks when making arrests.

Mesta said there was a tendency for ICE to conceal their identity. He showed a video of an ICE arrest in Minnesota in which agents refused to show any form of identification.

Mesta said this behavior was especially concerning following the assassination of Melissa Hortman, who was killed by a man impersonating law enforcement.

“Having law enforcement that does not ID themselves, does hurt the resident community,” Mesta said. “How can I trust that you are a cop if you can’t show that you are?”

A forum attendee asked Mesta why ICE agents often refuse to identify themselves.

He said this was a question COPAL wanted to know. Normal law enforcement must provide identification if a citizen requests it. Mesta said observers do have the right to ask ICE to provide identification, but many agents will not provide it.

“It just feels comparable to kidnapping when they won’t identify themselves,” forum attendee Theresa Keaveny said. She suggested calling local police and reporting a potential kidnapping might be the best option.

Mesta said calling the police could help stop a kidnapping, but reminded the audience that if it is actual ICE agents, police cannot interfere. This could force the ICE agents to provide actual identification to local officers.

Mesta said with ICE, it is important to document what they are doing. He also recommended raising any concerns with local legislators. Even if a legislator is not inclined to answer constituents, he believed going on the record with these concerns would provide additional documents.

“You need to be loud,” he said. “[Legislators] are voted for by people, not by their PAC or political donors,” he said.

COPAL is a member-based organization established in 2018 to improve the quality of life of Latine families. Over the past seven years, COPAL has evolved to become a well-known, grassroots power-building, and visionary transnational organization.