There has been a lot of action by ICE, Immigration and Customs Enforcement, which is the federal agency responsible for immigration laws.
ICE officers have been arresting many people, including Deaf, DeafBlind, DeafDisabled, Late Deafened and Hard of Hearing people (going forward sign “Deaf and Hard of Hearing people”).
What rights do Deaf and Hard of Hearing people have when ICE officers approach them?
Deaf and Hard of Hearing people have the right to clear, effective communication and accommodations during any interaction with ICE.
To help you advocate for your rights, Deaf Equality has created a letter that you can download from our website and print. You should keep this letter with you at all times, and can put it in your pocket, wallet, or purse/bag. This letter explains your right to effective communication such as interpreters or captioning. This letter lists the types of services and accommodations that you may need when ICE talks with you. You can share this letter with ICE officers, attorneys, or facility staff to support your request for communication access. This video summarizes the important points from the letter.
Under federal law, ICE is supposed to provide qualified interpreters or captioning or other ways to ensure effective communication for Deaf and Hard of Hearing people, without delay or discrimination.
ICE officers are supposed to check with the Deaf or Hard of Hearing person to figure out what they need – interpreters, captioning, or other services. Different Deaf and Hard of Hearing people need different types of solutions. One solution doesn’t work for everyone.
Possible services and accommodations include:
- Qualified sign language interpreters
- A sign language interpreter fluent in the person’s native sign language. For example, Mexican Sign Language (Lengua de Señas Mexicana or LSM), Salvadoran Sign Language (Lengua de Señas Salvadoreña or LESSA), Chinese Sign Language (CSL), Brazilian Sign Language (LIBRAS) and more.
- Deaf interpreters to make communication clear for different needs of Deaf people.
- Pro-Tactile or tactile interpreters for DeafBlind individuals
- Oral interpreters
- Cued speech transliterators
- Captioning, or assistive listening devices
- Accessible written materials
- Hand-cuffing in the front to allow Deaf people to use their hands to communicate
- Visual emergency alerts in ICE facilities
- Videophones or caption phones in ICE facilities
ICE is supposed to respect your request for access, without penalty or retaliation. If ICE denies you access, ICE could be violating federal law and you could bring a legal complaint against them.
To learn more about the rights of Deaf and Hard of Hearing people, visit:
- ICE’s Office of Civil Rights Compliance at ice.gov/leadership/ocrc
- Deaf Equality at deafequality.org
If you experience any problems with ICE, you can contact Deaf Equality. We can help you find immigration attorneys or advocate for communication access.