Know your rights: Immigration attorney speaks after fake ICE flyers circulate

Charleston County News

NORTH CHARLESTON, S.C. (WCBD) – Fake U.S. Immigration and Customs Enforcement flyers were plastered throughout North Charleston Wednesday.

North Charleston Police said they received numerous calls about the flyers that were found along Dunlap Street.

That flyer reads: “The city of N. Charleston has authorized ICE or immigration and customs enforcement to search with out a Warrant in any house hold. so if a ICE officer knock on your door you have no right to say no.”

NCPD and ICE said the flyer was fraudulent and was not issued by ICE.

Immigration attorney David Vyborny said he was shocked when he saw the flyer.

“My immediate reaction was that it’s all fake,” Vyborny said. ” It’s all written poorly which was a huge indicator, but it was saying some pretty alarming things.”

He said he posted a warning message on Facebook immediately, which has gained a lot of traction.

“I wanted to get some word out there ASAP,” he said.

Vyborny gave News 2 a break down of knowing one’s rights if ICE were to knock on someone’s door.

“There’s no city, there’s no municipality, no town, no police department that can circumvent the constitution by allowing any law enforcement to enter a home or to seize an individual or arrest and individual without a warrant,” he said.

Vyborny said the U.S. constitution even applies to illegal immigrants, which is why the fourth amendment (searches and seizures) applies. He also emphasized that ICE can only issue arrest warrants.

“They can’t issue warrants that will allow anyone to enter your home only a judge can do that,” he said.

If ICE agents do show up at someone’s door, knowing his or rights are key.

“An individual is still not required to respond,” Vyborny said. “You’re not required to tell them your name, although it is probably a good idea to do that, but you’re certainly not required to tell them where you were born, how you got to the US, how long you’ve been in the U.S., nothing like that.”

He also said that if ICE agents have someone’s house surrounded and are issuing an arrest warrant to keep the door closed. He said he or she can talk to the agents through the door and ask to see the arrest warrant to make sure that it’s valid.

Vyborny said at that moment, come outside and comply with officers. However, Vyborny said do not let them inside of the house because that’s when they can search the home.

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