Whether at home, at work, or in public, you have constitutional rights during an encounter with ICE. This guide explains what you can and cannot be compelled to do, and what to say.
Encounters with U.S. Immigration and Customs Enforcement (ICE) can happen anywhere — at home, at work, in public, or during a traffic stop. Knowing your rights before an encounter occurs can make a critical difference in the outcome. This guide explains what you can and cannot be compelled to do during an ICE encounter.
Your Constitutional Rights
Regardless of your immigration status, you have constitutional rights in the United States. The Fourth Amendment protects you from unreasonable searches and seizures. The Fifth Amendment gives you the right to remain silent. These rights apply to everyone on U.S. soil — citizens, green card holders, visa holders, and undocumented immigrants alike.
If ICE Comes to Your Home
You do not have to open your door for ICE unless they have a judicial warrant signed by a judge. An administrative warrant (Form I-200 or I-205) signed by an ICE officer does not give ICE the right to enter your home. Ask them to slide the warrant under the door or hold it up to a window. If it is not signed by a judge and does not list your address, you do not have to let them in. You can speak to them through the closed door.
If You Are Stopped in Public
You have the right to remain silent. You do not have to answer questions about your immigration status, where you were born, or how you entered the United States. You can say: ‘I am exercising my right to remain silent. I want to speak with an attorney.’ Do not run, as this can be used against you. Do not lie or provide false documents — this can result in additional criminal charges.
If You Are Detained
If ICE arrests you, you have the right to remain silent and the right to speak with an attorney. Ask for an attorney immediately and do not sign any documents without first consulting with a lawyer. You have the right to a hearing before an immigration judge. Contact a family member or trusted person as soon as possible and have them contact an immigration attorney on your behalf.
Prepare a Safety Plan
Every immigrant family should have a safety plan in place before an ICE encounter occurs. This includes: knowing the phone number of an immigration attorney, designating a trusted person to care for your children if you are detained, keeping copies of important documents in a safe place accessible to a trusted person, and signing a power of attorney so someone can act on your behalf if you are detained.
