Know Your Rights

Know Your Rights: How to Protect Yourself When ICE Arrives

Encountering ICE agents can be a stressful and intimidating experience, especially when they are armed, have no identification, no badge, no training, and you are physically assaulted, then taken (kidnapped), etc.; they could be any criminal. Knowing your rights and how to respond can help protect your safety and legal rights. This guide provides practical steps, legal information, and resources to help you prepare, including if your loved one is taken (kidnapped) by ICE. Conozca sus derechos: Cómo protegerse cuando llega el ICE.

Know Your Rights - When Approached by ICE

At Home

You have the right to remain silent. You are not obligated to open the door or answer questions without a warrant.
You have the right to ask ICE agents to show a valid warrant before allowing entry.
You can say, “I do not consent to any searches or entry without a warrant.”
If ICE agents do not have a warrant, you can refuse entry.
Important: Ask to see the warrant. A legitimate warrant must be signed by a judge, include your name, and specify the area to be searched.

In Your Car

You have the right to remain silent and refuse to consent to a search of your vehicle.
You are not required to unlock your vehicle unless ICE has a valid warrant.
If asked to step out of the car, you can ask if they have a warrant - A legitimate warrant must be signed by a judge, include your name, and specify the area to be searched.

In Public

Remain silent: You do not have to answer questions or provide any information. You can politely say, “I wish to remain silent.”
Right to refuse consent: You can refuse to consent to a search of your person or belongings.
Ask to see a warrant: Request to see a valid, signed warrant if ICE tries to detain or search you - A legitimate warrant must be signed by a judge and include your name and details of the search.
Right to speak to an attorney: You have the right to ask for a lawyer before answering questions or signing any documents.
Do not lie: Be truthful, but remember, you are not required to answer questions.

Steps to Take

Stay calm and respectful: Keep your composure. Do not physically resist or run away.
Ask if they have a warrant: Say, “May I see your warrant?” and review it carefully. Verify it is signed by a judge and contains your name.
If no warrant is presented: Politely refuse to answer questions or consent to searches. You may say, “I do not consent to any searches without a warrant.”
Remain silent: You are not required to answer questions. You can say, “I choose to remain silent and would like to speak to a lawyer.”
Do not sign anything: Do not sign any documents or statements without consulting a lawyer.
Call a trusted contact or legal aid: If possible, discreetly contact an attorney or trusted person for help.
Record the encounter: If safe, record the interaction on your phone, including the officers’ badge numbers and badge IDs.

Additional Tips

Keep your hands visible and avoid sudden movements.
Do not physically resist or argue.
If detained, ask if you are free to leave. If they say no, you are being detained.
Remember, you have the right to remain silent and to ask for legal help.

How to Know if a Warrant is Legitimate

Legitimate warrants are signed by a judge, contain your name, and specify the address and scope of the search.
Fake warrants may lack a signature, contain errors, or have no official court seal.
You can ask, “May I see the warrant?” and verify if it’s signed by a judge. If the officers cannot produce a valid, signed warrant, you have the right to refuse entry or search.
Remember: You are not obligated to open the door or consent to searches without seeing a valid warrant.

Protect Your Documents and Information

Keep copies of important documents (ID, visa, work authorization, or legal status papers) in a safe and accessible place.
Consider carrying a pre-written note with your rights and emergency contacts.
Do not carry unnecessary documents that could reveal your legal status if you are concerned.

Note: Do not rely on the on the ICE agents statements. Always ask to see the warrant and verify it is legitimate.

Prepare an Emergency Plan

Identify a trusted contact or attorney who can assist you in an emergency.
Share your emergency plan with trusted family or friends.
Practice what to say if ICE agents arrive, including requesting to see the warrant and remaining silent.

FINAL TIPS

Stay calm and respectful; do not physically resist or run away.
Do not sign any documents without understanding their contents.
Remember, your rights are protected, and help is available.
If ICE presents a warrant, ask to see the document and verify it - If it appears to be fake or invalid, do not consent to searches or entry, and contact a trusted legal organization immediately.

Disclaimer: This guide is for informational purposes and does not constitute legal advice. For personalized assistance, consult with an immigration attorney or a trusted legal organization.

If Your Loved One is Taken by ICE

Immediately Seek Legal Representation: Contact an experienced immigration attorney immediately. Legal professionals and organizations below can help understand the detention process, explore options like bond or release, and prepare legal defenses. Once they are processed, you can use the online detainee locator system below. If you have children, keep them safe and follow Your Child’s Emotional Well-Being After a Parent’s Detention by ICE.

NATIONAL IMMIGRATION LEGAL SERVICES DIRECTORY