Understanding Your Rights During ICE Encounters
If you are in the United States, you have rights protected by the U.S. Constitution, regardless of who you are or where you were born. An encounter with Immigration and Customs Enforcement (ICE) can be a frightening experience, but knowing your rights is the most powerful tool you have.
The most important action you can take is to calmly use your rights. This guide provides the specific phrases to use during an encounter at your home, in your car, or at your job. Our goal is to replace fear with preparation, giving you the knowledge to protect yourself and your family.
At Ybarra Maldonado Law Group, we genuinely care about your safety and the peace of mind of your family; you are a vital part of our community, and we are here to stand in your corner. To help you feel empowered rather than fearful, we have developed a comprehensive Pre-Detention Plan.
The 2 Core Rights to Use in Any ICE Encounter
In any interaction with immigration agents, two fundamental rights are your most powerful tools. Committing them to memory is the single most important step you can take.
First is your right to remain silent. You do not have to answer questions about your immigration status, where you were born, or how you entered the country. If an ICE agent asks you questions, you should say, “I wish to remain silent.” This simple phrase makes it clear you are exercising your right.
Next is your right to refuse a search of your person or property. Agents may ask for permission to search your pockets, bag, or car, but a request is not a command. You can refuse by stating, “I do not consent to a search.” If you give them permission, you waive your protection for that search, so it is vital to clearly say no.
What to Do If ICE Agents Are at Your Door
Your home is the most protected space you have under the law. Unless agents have a very specific type of warrant, you are not required to open your door. Communicating through the closed door is the safest way to handle this situation.
Follow this simple checklist:
- Keep the door closed. Do not open it, even a crack.
- Ask them through the door: “Do you have a warrant signed by a judge?”
- If they say yes, ask them to slide it under the door or hold it up to a window so you can see it.
- If they don’t have one, or if they refuse to show it, simply say, “I do not consent to you entering or searching my home.”
An agent’s request to enter is not a command. They need a special kind of warrant to force entry, and they often do not have one.
While knowing these steps is vital, having a professional legal strategy in place before an officer ever knocks is your greatest advantage. Please don’t wait for a moment of crisis to seek official legal advice; our team is ready to provide the expert guidance and preparation you need to protect your rights and your family’s future.
If You Are Stopped by ICE in Public or in a Car
During a public encounter with an agent, you have the right to ask, “Am I free to leave?” An officer must answer. If they say yes, you should walk away calmly and silently. If they say no, you are being detained. Do not resist, but state clearly, “I wish to remain silent and would like to speak to a lawyer.”
If you are pulled over in a car, the driver must provide their driver’s license, registration, and proof of insurance. However, neither the driver nor any passengers have to answer questions about their immigration status. Everyone in the vehicle can and should remain silent on this topic.
How to Handle an ICE Raid at Your Workplace
An immigration raid at work can be chaotic. Your first instinct might be to run, but this is the most dangerous thing you can do. Stay calm and do not run or physically resist. This behavior can give agents a reason to arrest you, even if they didn’t have one before.
You still have the right to remain silent and are not required to answer questions about your immigration status. Never lie or provide false documents, as lying to a federal agent is a serious crime. If questioned, you can state, “I wish to remain silent.”
A warrant authorizing a search of your workplace is not a warrant for your personal arrest. If an agent does single you out for arrest, do not resist. The time to fight your case is with a lawyer, not during the raid.
What Happens if You Are Taken into Custody by ICE
If you are taken into custody, agents may pressure you to sign documents. These papers could be for “voluntary departure,” an agreement to leave the U.S. without seeing a judge. By signing, you give up your right to a court hearing. Do not sign any documents until you have spoken with an immigration lawyer.
During processing, an agent will create a report called a Form I-213, or “Record of Deportable/Inadmissible Alien.” Everything you say can be written on this form and used against you. This is why exercising your right to remain silent is so powerful; if you don’t answer questions, the government has less information to use against you.
You have the right to hire a lawyer and contact your consulate. The government must provide you with a list of pro bono (free or low-cost) legal services. When given the chance to make a phone call, use it to reach out to your family and an immigration lawyer immediately.
Your 3-Step Action Plan After Any ICE Encounter
Knowing your rights is the first step; preparing to use them builds real confidence. If you or a loved one are questioned or detained by ICE, follow this action plan immediately:
- Write It Down: Record everything you remember, agent names or badge numbers, the time and location, what was said, and who was there. Details are crucial.
- Find Help: Contact a qualified immigration lawyer or a non-profit immigrant rights organization. Never use a “notario” for legal advice.
- Prepare: Gather your important personal documents so they are ready to share with your lawyer.
Your most important action now is to create a family safety plan. Include this information and the phone number of a lawyer you have researched ahead of time. This simple act transforms knowledge into readiness, ensuring that if the moment comes, you are not just informed, you are empowered.
Pre-Detention Preparation
The information provided in this guide is for educational and informational purposes only and does not constitute official legal advice or an attorney-client relationship.
At Ybarra Maldonado Law Group, we care deeply about your safety and strongly recommend consulting with our legal team to develop a personalized Pre-Detention Plan and strategy tailored to your specific circumstances.
Always remember that while an agent’s request to enter is not a command, having a professional legal plan in place is the best way to ensure your rights are fully protected.