US immigration lawyer shares tips on protecting Filipinos’ rights vs ICE
Amid the ongoing crackdown by the administration of US President Donald Trump on undocumented immigrants, a US-based immigration lawyer on Monday offered advice to Filipinos on how to protect their rights when dealing with agents of US Immigration and Customs Enforcement (ICE).
Michael Gurfinkel shared guidance drawn from the American Immigration Lawyers Association (AILA) on what immigrants can do if approached by ICE at home, at work, or in public.
At home
Gurfinkel said ICE agents are generally prohibited from entering a residence without a judicial warrant signed by a judge.
“If ICE knocks at the door, you’re not supposed to open it,” he said.
“If they claim to have a warrant, make sure it’s a judicial warrant, not an administrative one,” Gurfinkel added.
He said that even if agents present a valid judicial warrant, individuals still have the right to remain silent and should immediately contact legal counsel.
“Ask to speak with your attorney,” he added.
At work
If approached at work, immigrants should follow the same precautions and avoid fleeing, which could worsen the situation.
“You want to see the warrant and verify that it’s judicial. You have the right to remain silent,” Gurfinkel said.
“Compliance first, then fight for your rights in court—that’s usually the safest course,” he added.
If arrested, he advised contacting a lawyer right away to explore legal remedies such as bail or relief from deportation.
Protection checklist
To prepare for possible encounters, Gurfinkel urged immigrants to keep key documents accessible, including:
- Passports and visas
- Records showing length of stay in the US (tax returns, medical records, school or employment documents)
These may help support applications for legal relief, which often require proof of ties to the community and good moral standing.
Hope for undocumented Filipinos
Gurfinkel said undocumented Filipinos—commonly referred to as TNT (“tago nang tago”)—may still have legal pathways, including petitions from employers or family members.
He explained that some may qualify for a provisional waiver of the 10-year reentry bar if they must leave the US to process a visa but have qualifying relatives who are citizens or lawful residents.
Despite heightened enforcement, Gurfinkel urged immigrants not to panic, noting that many also endured strict immigration policies during Trump’s first term.
“You survived before. You’ll survive again. Don’t give up hope,” he said.
He also encouraged regular consultations with immigration lawyers.
“Just like you get a medical checkup, have an immigration checkup. Even if nothing is available now, you’ll have peace of mind knowing your options,” he added.—MCG, GMA Integrated News