You have rights — regardless of your immigration status. Knowing what to do if Immigration and Customs Enforcement (ICE) approaches you at home, your place of work, or in public can make a significant difference in how the situation unfolds as an asylum lawyer knows well.
Here’s what you should know:
If Ice Comes To Your Home
ICE agents may attempt to enter your home to make an arrest. Here’s what you need to remember:
You have the right to not open your door.
Unless ICE has a judicial warrant signed by a judge, you are not legally required to let them in.
- A “warrant of removal/deportation” (Form I-205) is NOT a valid warrant to enter your home.
- Ask them to slide the warrant under the door or hold it up to a window so you can inspect it without opening the door.
Stay calm and don’t panic.
- Speak through the door if necessary.
- You can say: “I do not consent to entry. Do you have a warrant signed by a judge?”
As our friend at Bolour / Carl Immigration Group, APC would advise, do not lie or provide false documents.
Lying or presenting fake identification can harm your case far more than remaining silent.
If Ice Comes To Your Workplace
ICE may enter workplaces either:
- With an employer’s consent, or
- With a warrant or subpoena.
You do not have to answer questions about your immigration status.
You have the right to remain silent. You can say:
“I choose to remain silent and want to speak to a lawyer.”
Do not run.
Leaving the scene or trying to escape may be used against you.
Employers should know their rights too.
- Employers do not have to allow ICE to enter non-public areas without a judicial warrant.
- They also do not have to hand over employment records without a subpoena or warrant.
If You Are Stopped By Ice On The Street Or In Public
ICE agents may approach individuals in public spaces.
You have the right to remain silent.
- You are not required to answer questions about where you were born, your immigration status, or how you entered the U.S.
- You can say: “I am exercising my right to remain silent.”
You do not have to show ID or documents unless under certain specific circumstances.
If you are undocumented and carry foreign documents, presenting them could expose your status. You have the right to decline to show documents that are not legally required.
Ask if you are free to leave.
You can say:
“Am I free to go?”
If the agent says yes, walk away calmly.
What Not To Do In Any Encounter With Ice
- Do not lie or present false documents.
- Do not sign anything without first speaking to an immigration attorney.
- Do not run or resist arrest.
Your Action Plan
- Memorize the phone number of your immigration attorney.
- Create a family emergency plan.
- Carry a Know Your Rights card.
- This can be handed to ICE officers in lieu of answering questions.
Encounters with ICE can be frightening, but understanding your rights and remaining calm are your best protections. If you or a loved one has had an interaction with ICE, or if you’re worried about your risk, contact a lawyer near you for help.