News & Insights

Written by Criminal Defense Attorney Jay Mykytiuk

Recent ICE operations and federal enforcement activity in Washington DC are creating deep anxiety within immigrant communities and among residents more broadly. With increased federal presence threatening to catch people off guard, one constitutional right remains a critical shield: the right to remain silent.

At Monument Legal, we believe that understanding how and when to invoke that right can be the difference between protection and peril under intense enforcement circumstances.

What Is the Right to Remain Silent?

The right to remain silent arises from the Fifth Amendment, which protects individuals from being compelled to incriminate themselves. In criminal and immigration-adjacent settings, that means:

• You generally are not required to answer police or ICE agents’ questions.
• You can refuse to speak until your attorney is present.
• Anything you do say can potentially be used against you in court, immigration proceedings, or other legal actions.

However, it’s important to know the nuances: this right doesn’t always apply in every setting (for example, routine traffic stops require you to produce identification), and courts sometimes scrutinize how and when the silence was invoked.

Why This Matters in the DC ICE Context

1. Heightened Enforcement = Greater Risk
   With federal authorities stepping up operations in DC and threats to federalize the city further, more interactions between ICE, law enforcement, and everyday people are likely. In these tense moments, casual or unguarded remarks may be twisted into evidence of guilt, especially in fast-moving confrontations.
2. Interrogations Can Blur Lines
   The moment agents show authority—sirens, badges, uniformed presence—many feel pressured to talk. Agents may frame questions in ways that sound voluntary but aren’t. Keeping your silence until you consult a lawyer can prevent falling into traps or making unintended admissions.
3. Mistaken Identity, Immigration Status, and Criminal Exposure
   In DC’s evolving climate, someone stopped for an apparently minor violation might be further scrutinized for immigration status or suspected criminal conduct. A misstep in speaking could open doors to more serious accusations or detention.

How to Safely Invoke the Right to Remain Silent

Here are steps to protect yourself legally:

1. Stay calm and polite — don’t escalate the situation.
2. State clearly and respectfully: “I invoke my right to remain silent, and I want to speak with an attorney.”
3. Do not volunteer information — even seemingly harmless facts can be used later.
4. Refuse consent to searches, unless there’s a valid warrant.
5. If arrested, demand counsel immediately — don’t wait.
6. Do not lie or obstruct. False statements or obstruction can lead to additional charges.

Role of a Criminal Defense Attorney in This Landscape

In times of heightened enforcement, the right to remain silent is not just a phrase, it’s a lifeline. If you or someone you care about is interacting with law enforcement or ICE in DC, stay quiet until you have an attorney.

• We can challenge any statements you made under pressure or without legal counsel.
• We examine whether your silence was used unfairly against you.
• We ensure coercive tactics or constitutional breaches are exposed and suppressed.
• In immigration-adjacent or enforcement-heavy settings, we coordinate cross-disciplinary defense (criminal, constitutional, immigration) to protect all your rights.

If you find yourself in a legal bind under these circumstances, Monument Legal is ready to defend you. Contact us for a confidential consultation, your silence can be your strongest protection.