ICE Arrests: What To Do If You’re Arrested In An Immigration Raid

Immigration and Customs Enforcement (ICE) arrests are occurring at a massive rate all over the country, so it’s important to be prepared in the event that you are detained. At Ybarra Maldonado Law Group, we are here to help the residents of Phoenix, AZ, and Miami, FL, understand their rights and how to protect themselves. 

Even if you are undocumented, you still have rights under the U.S. Constitution. You have the right to remain silent and to speak with an attorney. Also, ICE cannot enter your home unless they show a warrant signed by a judge. An immigration arrest can happen at any time, so it’s important to be prepared ahead of time.

If you or someone you care about has been detained or is at risk of being detained, call the Miami and Phoenix immigration lawyers at Ybarra Maldonado Law Group today. We will explain your legal rights and can help represent you in future immigration proceedings.
Call (602) 910-4040 today to schedule a confidential consultation with a member of our team. 

What to Do If Arrested In ICE Immigration Raids

ICE may arrest you if they have probable cause that you have violated U.S. immigration law AND if there is probable cause that you may flee before a warrant is obtained. However, many ICE agents have been abusing their power and arresting individuals without establishing one or both of these precedents. If you or a loved one has been arrested by ICE on the street or in an immigration raid, here’s what you need to do. 

Know and Assert Your Right to Remain Silent

One of the best things you can do for your immigration case is to remain silent. Anything you say to ICE officers or others can and WILL be used against you in your immigration case. Immigration officers may try to lull you into a false sense of security in order to get you to slip up and say something incriminating. They may also make it seem that, if you are open and honest with them and tell them everything, they will let you go home. This is not the case. 

Your right to remain silent is protected by the Constitution, and immigration enforcement cannot infringe on that right. If you have been arrested by ICE, stay silent and ask for an attorney.

It’s important to remember that ICE will likely have to prove to an immigration judge that you are in the country without legal status. If you give ICE agents a confession, they can simply tell the immigration judge what you said to them, and that could be enough evidence to enter a removal order against you. 

Additionally, if you admit that you have been in the country for less than two years, they can enter an expedited order of removal and take you out of the country without ever seeing an immigration judge. The simplest advice is to not answer any questions, do not offer up information, and ask to speak to a lawyer. 

Contact a Lawyer

It’s also incredibly important to contact an experienced immigration law attorney following your arrest. They will be able to assess your situation, determine whether an immigration violation actually took place, and help ensure that your rights are protected.

Not only that, but your conversations with your attorney are protected by attorney-client privilege. This means that ICE cannot listen in on those conversations, and anything you say to your attorney will be confidential. If you or a loved one has been arrested by ICE, contact the Phoenix and Miami immigration lawyers at Ybarra Maldonado Law Group. 

Stay Calm

Being arrested is an incredibly stressful experience, especially when that arrest involves immigration officers. However, it’s important to remain calm, remember and assert your rights, and let your attorney do the work for you. ICE officers are extremely intimidating, but always remember that you do have a right to remain silent and to ask for an attorney. 

What to Do if Approached By ICE at Your Home

If ICE agents come to your home, stay calm and do not open the door unless they show a valid judicial warrant signed by a judge. Ask them to slide any warrant under the door or show it through a window. If they do not have a judicial warrant, you are not legally required to let them in.
You do not have to answer questions, open the door, or allow agents to enter unless they have proper legal authority.

ICE Warrant vs. Judicial Warrant

An ICE “warrant” is a document issued by the Department of Homeland Security and signed by an ICE agent. ICE warrants are NOT signed by judges and therefore do not give agents the legal authority to enter your home without your permission. Agents can only enter your home if they have a judicial warrant, which is signed by a federal judge. A judicial warrant gives law enforcement, including ICE, the legal right to enter your property without your consent.
If ICE agents present you with a warrant, and it says I-200 or I-205 at the top of the document, this is an ICE warrant, and you do not have to open the door for the agents.

What to Do in Workplace Immigration Raids

If ICE conducts a raid at your workplace, stay calm and do not run. You have the right to remain silent and the right to speak to a lawyer. Do not answer questions about your immigration status, country of origin, or how you entered the U.S. Do not show false documents or lie. 

If agents ask for identification, you may choose to remain silent or show valid documents if you have work authorization or are a legal permanent resident or a U.S. Citizen. If detained, ask to speak with an attorney and do not sign anything without legal advice. 

Again, the most important right to remember is your right to remain silent. Our law firm has attained not guilty verdicts folowing jury trials after worksite raids because our client remained silent and refused to answer questions from law enforcement. 

While our past victories do not ensure future victories, it is important to leave your attorney with as many arguments as they can have in your defense. The government must prove guilt beyond a reasonable doubt, and it’s much harder for them to do this if you don’t offer them any information that could help their case.

What to Do if Approached By ICE in Public or at School

If ICE agents approach you in public or at your school, remember to stay calm, stay silent, and do not run. You have the right to remain silent and the right to an attorney. You are not required to answer questions about your immigration status or provide documents unless ICE shows a valid judicial warrant. 

Politely ask if you are free to leave. If they say yes, walk away calmly. If you are detained, do not sign any documents without legal advice. Do not lie to officers, and contact your parents or an immigration lawyer as soon as possible. 

Schools are considered sensitive locations, and ICE is generally discouraged from taking enforcement actions there in order to ensure students can receive an education without fear. Unfortunately, students of all ages are being put at risk of being taken into ICE custody on school grounds. 

If you attend school or you have children who do, review these rights and practice asserting these rights with your family. If you know exactly what to do and what to say in these situations, it can prevent you from panicking or slipping up if you’re ever put into this situation. 

Can ICE Arrest You On The Street?

Yes, ICE can arrest you on the street, but they must follow legal procedures. They do not need a warrant to approach or question you in public, but you have the right to remain silent and ask if you are free to leave. ICE cannot detain you without a valid judicial warrant or probable cause to believe that you are here illegally and that you are a flight risk. 

Making a Safety Plan

Creating a safety plan is one of the most important steps you can take to protect yourself and your loved ones in case of an ICE arrest. Planning ahead helps ensure that your family knows what to do, who to contact, and how to stay safe. Below are some of the most important things to consider when creating a safety plan.

Memorize Important Phone Numbers

As part of your safety plan, memorize important phone numbers, such as a trusted family member, someone who can help care for your children, and your immigration attorney. After an ICE arrest, you may not have access to your phone, so knowing these numbers by heart can help you contact someone quickly and get legal support. 

This simple step can make a big difference in how fast your loved ones can respond and assist you. If you need the number of a reliable Phoenix, AZ, or Miami, FL immigration attorney, call (602) 910-4040. 

Provide Family and Friends With Important Resources 

As part of your safety plan, give trusted family and friends copies of important resources, such as your A-number, immigration attorney’s contact information, and details about where you might be taken if detained. This allows them to act quickly on your behalf if you are arrested by ICE. They should also know how to search for your location using the ICE Detainee Locator System (https://locator.ice.gov) and contact the local immigration detention center. 

Other helpful resources include the Executive Office for Immigration Review (EOIR) automated case information hotline (1-800-898-7180) and the National Immigration Justice Center (https://immigrantjustice.org). Sharing this information in advance can help loved ones locate you faster and support you through the legal process. 

Establish a Power of Attorney For Childcare

If you have any minor children, you should establish a power of attorney for childcare. This is a legal document that allows a trusted adult to make decisions for your children if you are detained by ICE. It helps ensure your children stay safe and with someone you choose to watch over them in the event that you are arrested. 

You should choose someone you trust completely and who you know can take care of your children in the event of an emergency. This could include a close family member or a trusted friend.

Talk to an Immigration Attorney Now

One of the most important things you can do when making a safety plan is to speak with an experienced immigration attorney now. An attorney can review your immigration status, help you gather important documents, and explain your rights. If you are arrested by ICE, having a lawyer who already knows your case can speed up legal action and improve your chances of release. Your attorney can contact immigration authorities, represent you in court, and help prevent mistakes that could hurt your case. If you believe you might be at risk of being detained or arrested by ICE, contact the Miami and Phoenix deportation defense lawyers at Ybarra Maldonado Law Group. We may be able to halt or prevent removal proceedings and can represent you in court, if necessary.

Immigration Raid FAQs

Can ICE Arrest You Without a Warrant?

Yes, ICE can arrest you without a warrant if they have probable cause to believe you are in the U.S. without legal status. However, they must follow the law and cannot enter your home without a judicial warrant or your permission. If arrested, you still have the right to remain silent and to speak with an attorney.

Is It Illegal to Lie to ICE?

Yes, it is illegal to lie to ICE or provide false documents. Doing so can lead to criminal charges and hurt your immigration case. It’s important to stay calm, remain silent if unsure, and speak with an attorney before answering any questions.

What Happens When You Get Arrested by ICE?

When ICE arrests you, they may take you to an immigration detention center for processing. Officers will collect your fingerprints, take your photo, and begin reviewing your immigration status. You may be placed in removal proceedings (deportation), but you still have rights, including the right to remain silent and to speak with an attorney. In some cases, you may be eligible for bond or other forms of release while your case moves forward.

If ICE arrests you and transfers you to the U.S. Marshals, they likely intend to charge you with illegal reentry or illegal reentry, both of which are federal crimes. In this case, continue to remain silent and contact an illgeal reentry defense lawyer who can help defend you. You could be facing prison time, fines, and deportation. 

How Do I Find an Immigration Detainee? 

To find someone detained by ICE, use the ICE Online Detainee Locator System. You can search using the person’s A-number and country of birth, or their full name, date of birth, and country of birth. The system may not show people who were just arrested or who are under 18.

If you cannot find them online, call the local ICE office. In Phoenix, call (602) 766-7030. In Miami, call (954) 236-4900. If the person is a minor, parents can call the ORR Parent Hotline at 1-800-203-7001. Write down all names, dates, and numbers you get during your search.

We are also seeing ICE transferring many people to the U.S. Marshals in order for the federal government to charge them with illegal re-entry or illegal entry into the country. If your loved one was arrested by ICE but you cannot find them in the ICE Online Detainee Locator System, there is a good chance they have been sent to U.S. Marshall’s custody for an immigration related federal crime.

Arrested by Immigration and Customs Enforcement (ICE) Agents? Contact Ybarra Maldonado Law Group Today

If you have been arrested by ICE, getting legal help early will likely give you a better chance to stay with your family and ensure your rights are protected. Do not sign any papers, do not speak to immigration officers without an attorney present, and do not wait to seek legal representation. 

We at Ybarra Maldonado Law Group are proud to represent individuals who have been arrested, detained, or deported by ICE. Our immigration attorneys will work quickly to represent you and ensure you have the best chance at a positive outcome. We have a Phoenix office location as well as a Miami office location, and are proud to provide immigration services at both locations. Call us today at (602) 910-4040 or contact us online to schedule a confidential consultation with a member of our team. We are ready to help you fight for your future.