Regardless of immigration status, everyone physically present in the United States has certain rights under the Constitution. Knowing them — and how to calmly exercise them — can make a real difference in an encounter with ICE.
If ICE Stops You in Public
- Stay calm and do not run. Running can be treated as grounds for suspicion or used to justify a longer detention.
- You can ask, "Am I free to leave?" If the officer says yes, you have the right to calmly walk away.
- You have the right to remain silent. You do not have to answer questions about where you were born, how you entered the country, or your immigration status. You can simply say, "I am exercising my right to remain silent."
- Never present false documents or claim to be a U.S. citizen if you are not. This can permanently harm future immigration options.
- You do not have to consent to a search of your person, belongings, or vehicle. You can say, "I do not consent to a search."
- Ask for identification. You can ask officers to identify themselves and confirm which agency they represent — ICE agents sometimes wear jackets marked "Police" even though they are not local police.
If ICE Comes to Your Home
- You do not have to open the door. You can speak through the door or ask officers to slip any documents underneath it or hold them up to a window.
- Ask to see a warrant. A judicial warrant is signed by a judge and will say "United States District Court" or a state court at the top. An ICE administrative warrant (often Form I-200 or I-205) is signed by an immigration official, not a judge — it does not by itself give agents the legal right to enter your home without your permission.
- If agents do not have a valid judicial warrant, you can state clearly: "I do not consent to your entry."
Things to Remember
- Anything you say to an officer can be used against you later in immigration proceedings.
- You have the right to speak with a lawyer, and the right to remain silent until you do.
- If you do not speak English well, you can ask for an interpreter and are not required to answer questions without one.
- Do not sign any document you do not fully understand — including anything that says "voluntary departure" — without speaking to a lawyer first.
Prepare ahead of time: Memorize the phone number of a trusted attorney or family member. Keep an emergency contact card in your wallet. If you have children, make a plan for who will care for them if you are detained.
Sharing This Information
Community leaders, faith organizations, and nonprofits are often the first place someone turns after a frightening encounter. Feel free to print this guide, translate it for your community, or hand it out at gatherings — the goal is simply that more people know their rights before they need them.
Have a case-specific question?
Every immigration situation is different. For advice about a specific case, contact a licensed immigration attorney.
Contact Pedro L. Salim Law Firm