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
Contact an immigration lawyer: If you or a family member is detained, contact an immigration attorney immediately.
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.