Know Your Rights: What You Need to Know During an Immigration and Customs Enforcement (ICE) Encounter

It’s important to understand your rights if you encounter U.S. Immigration and Customs Enforcement (ICE). My office wants to ensure you are informed of your rights and the resources available when interacting with ICE, regardless of your immigration status.

BE PREPARED:

  • Ensure that all important documents are in a safe place where family members can access them.
  • Make a plan with family in the event you or a family member is detained by ICE, including identifying a caretaker for your children.
  • Memorize important phone numbers.
  • Consider consulting with an immigration attorney.

YOU HAVE RIGHTS:

  • You have the right to remain silent and to contact an attorney.
  • You have the right to due process and to have your case heard before a judge.
  • You have the right to say no to being searched or having your home searched unless ICE has an arrest warrant (not a removal order, etc). Agents do not have the right to search you or your belongings without your consent or probable cause.
  • You have the right to ask ICE to leave.

IF YOU INTERACT WITH ICE:

  • Do not volunteer ANY information, including your immigration status or place of birth.
  • If ICE enters your home without your permission or a warrant, clearly state that you do not give them permission to enter or search your belongings.
  • Do not lie or present any false documentation, including a fake name.
  • Do not sign a document you do not understand OR without speaking to an attorney
  • If you feel safe, record the event using your phone.
  • If ICE shows up to your home or place of work, ask to see a warrant before you open the door.

RESOURCES:

LEGAL DISCLAIMER: This document is for general informational purposes only. Its contents are not legal advice.