LAFAYETTE, La. — A new partnership between the Lafayette Parish Sheriff’s Office and U.S. Immigration and Customs Enforcement (ICE) is drawing public concern, with legal advocates urging residents to understand their rights amid heightened immigration enforcement.
Immigration attorney Michael Gahagan emphasized the importance of due process and the right to remain silent for all residents. “The best way to protect your rights is to know them,” Gahagan said. “You have the right to due process, you have the right to a fair proceeding, but most importantly, you have the right to remain silent.”
He noted that the application of these rights can vary depending on the circumstance. “If you're driving a car and they pull you over and they ask for ID, of course, under Louisiana state law, you have to show them ID so that you can show them proof that you are allowed to drive on the roads,” Gahagan explained.
However, encounters outside a vehicle carry different legal protections. “But if you're walking in your front yard or on the sidewalk, and they stop you and say, 'Hey, tell me your name, are you a US citizen?,' you have the right to remain silent,” he said.
Gahagan added that choosing not to answer questions under those conditions does not grant law enforcement the right to detain an individual. “At that point, they can't grab you or arrest you or slam you or whatever, because you have the right to remain silent, and unless you're being detained, you have the right to walk away.”
If an encounter escalates to an arrest, securing legal counsel is crucial, Gahagan said. “After you're apprehended or arrested, the best thing to do is hire an expert, hire a lawyer, and they know how to protect your rights after you're put through the system.”
The Lafayette Parish Sheriff’s Office has emphasized that all action must be based on probable cause and ICE oversight.
As public pushback over the new partnership grows, advocates and officials alike stress the importance of understanding legal rights and seeking proper counsel if confronted by law enforcement.
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