If Immigration and Customs Enforcement (ICE) agents come to your home, it’s important to know your rights to protect yourself and your family. Here’s a detailed breakdown of your rights and what you should do in such a situation:

1. You Have the Right to Remain Silent

  • Do not open the door: You are not required to open the door unless ICE agents have a valid warrant signed by a judge. You can speak to them through the door or a window.
  • Do not answer questions: You have the right to remain silent and not answer any questions about your immigration status, where you were born, or whether you are a U.S. citizen. You can say, “I choose to remain silent.”
  • Do not lie or provide false documents: Lying to federal agents or providing false documents can lead to serious consequences.

2. Ask for a Warrant

  • Demand to see a warrant: ICE agents must have a judicial warrant (signed by a judge, not just an administrative 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.
  • Do not consent to entry: If they do not have a valid judicial warrant, you can refuse entry. Say, “I do not consent to your entry.”
  • Do not resist: If ICE agents force their way in, do not physically resist. Instead, clearly state that you do not consent to their entry or search.

3. Do Not Sign Anything

  • Do not sign any documents: ICE agents may try to pressure you into signing forms, such as a voluntary departure order or a stipulation of removal. Do not sign anything without consulting an attorney.
  • Ask for a lawyer: Say, “I want to speak to a lawyer before signing anything.”

4. You Have the Right to an Attorney

  • Request a lawyer: If you are detained, you have the right to speak to an attorney. Say, “I want to speak to a lawyer.”
  • Do not rely on ICE-provided lawyers: ICE may provide a list of attorneys, but it’s better to contact your own immigration lawyer or a legal aid organization.
  • Know your A-number: If you have one, memorize your Alien Registration Number (A-number) so you can provide it to your lawyer.

5. Record the Interaction

  • Document the encounter: If possible, record the interaction with ICE agents on your phone or have a family member do so. This can help hold agents accountable if they violate your rights.
  • Take notes: Write down the agents’ names, badge numbers, and any details about the encounter.

6. Protect Your Family

  • Know your emergency plan: Have a plan in place for who will care for your children or dependents if you are detained.
  • Carry emergency contact information: Keep a card in your wallet with the contact information of your lawyer, family members, and a trusted friend.

7. Know the Difference Between Administrative and Judicial Warrants

  • Administrative warrant: Issued by ICE, not a judge. It does not give ICE agents the right to enter your home without your consent.
  • Judicial warrant: Signed by a judge and includes your name and address. This type of warrant allows ICE agents to enter your home.

8. If You Are Detained

  • Stay calm: Do not panic or resist arrest.
  • Invoke your rights: Clearly state, “I want to remain silent” and “I want to speak to a lawyer.”
  • Do not disclose your immigration status: Wait to discuss your case with your attorney.

9. Seek Legal Help

10. Prepare in Advance

  • Know your rights: Educate yourself and your family about your rights in case of an ICE encounter.
  • Keep important documents safe: Store copies of your immigration documents, birth certificates, and other important papers in a secure location.
  • Have a plan: Discuss with your family what to do if ICE comes to your home.

Key Phrases to Remember

  • “I do not consent to your entry.”
  • “Do you have a judicial warrant? Please show it to me.”
  • “I choose to remain silent.”
  • “I want to speak to a lawyer.”

More Know Your Rights Resources

If you are concerned about potential ICE encounters, consult with an immigration attorney to understand your specific situation and prepare a plan. Stay informed and know that you have rights, regardless of your immigration status.