What to Do If ICE Stops You Or Comes to Your Door

The U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency. Its Enforcement and Removal Operations (ERO) department deals with the removal and deportation of undocumented immigrants. ERO may conduct operations in public, or its immigration officers may visit the homes of undocumented immigrants.

In January, Donald Trump signed an executive order which significantly expanded expedited removal of undocumented immigrants. Increased immigration enforcement has led to protests around the country, especially in Los Angeles.

It’s important to know what to do if ICE stops you. It can be a scary time for migrants. It is important for migrants to know their rights, when to speak, when to stay silent, when not to open the door, etc.

By the end of this article, you’ll be aware of your rights and better prepared for dealing with ICE agents.

Provided by Nadrich Accident Injury Lawyers. Stay safe. For informational purposes only. Not to be construed as legal advice.

Table of Contents

• Am I At Risk of an ICE Arrest
• What to Do If ICE Stops You in Public
• What to Do If ICE Comes to Your Home
• What to Do IF ICE Comes to Your Work
• What to Do if You Are Detained by Ice
• Do ICE Agents Need a Warrant?
• Does ICE Need Probable Cause?
• Can ICE Legally Detain U.S. Citizens?
• Knowing Your Rights During Questioning or Arrest
• What Documents You Should Carry
• Handling ICE Deception and Lies
• After an ICE Encounter: Record, Report, and Seek Help
• When an Attorney Can Help

What to Do If ICE Stops You In Public

Keep the following things in mind if ICE stops you in public:

• Stay calm – do not resist: Becoming combative, argumentative or running may escalate things, possibly leading to additional legal problems. Avoid sudden movements which might get misinterpreted.
• Record the encounter: If it is possible, discreetly record things with your phone or ask somebody else to do this.
• Note information: Note agents’ agency, badge numbers and names if they identify themselves.
• You have a right to remain silent: You aren’t required to answer questions about where you were born or your immigration status. Politely say you’re exercising your legal right to stay silent. Politely say you won’t answer questions.
• You may ask if you can leave: If they answer yes, you should calmly walk away.
• If you aren’t free to leave, you can request a lawyer: You have a right to ask to talk with a lawyer, obtain legal representation, and invoke your legal right to stay silent.
• Don’t consent to being searched: You may refuse a search of your vehicle, belongings or person.
• Prepare for potential detention: If you have concerns about getting detained, make arrangements for child care, medication or the care of other loved ones.
• Don’ts: Don’t provide false documents, resist or run. Don’t say things that may be used against you, such as where you were born or details about the status of your immigration. Don’t lie, as it is a crime to lie to federal agents.

It is also wise to have a plan for what you should do if you get detained. This may include memorizing the phone number of a family member, friend or lawyer, and having some copies of important documents in a place that is safe and where someone trusted can access them.

What to Do If ICE Comes to Your Home

Keep the following in mind if ICE comes to your home:

• Don’t open your door unless they possess a warrant which is signed by a judge: Communicate with ICE through your closed door, if this is possible. ICE cannot enter your home without consent if they do not have a warrant signed by a judge. However, if you give consent, they can enter. If they don’t have a valid judicial warrant, tell them “I do not consent to entry.” Don’t even open your door a little bit.
• Verify their warrant: If they have a warrant, ask to see it. Ask them to slide it under the door or pass it through a window. Make sure it has been signed by a judge. Check to see if the warrant includes the address as well as the name of someone who lives there. If the warrant doesn’t contain the name of someone who lives at your home, you do not have to open the door.
• Exercise your legal rights: You have a right to stay silent. You aren’t required to answer questions. Don’t sign documents without first consulting with a lawyer.
• If they come in without a warrant: Don’t physically resist. However, you may say you don’t consent to entry. Say that you don’t consent to a search. Document this encounter with videos or photos if it is safe to. Contact a lawyer immediately. If they ask you to show your immigration papers and you have valid immigration status, it is a good idea to do so in order to avoid arrest.
• Stay calm: Avoid sudden actions or movements which could get interpreted by agents.
• Inform others: Ensure everyone in your home knows about their rights and knows how to act.
• Seek legal counsel: Should you get detained, you should contact a lawyer or your consulate. A lawyer can help you to understand your legal rights and navigate through the legal process.
• Important considerations: Ice might try to trick you into answering questions or opening the door. Don’t lie to ICE or show them false documents. Remember: everything you do or say may be used against you.

ICE may try to intimidate or mislead you, but you don’t have to give up your rights. The more prepared you are, the better chance you have of staying safe and protecting everyone in your home.

What to Do If ICE Comes to Your Workplace

If ICE comes to your workplace:

• Stay calm: Don’t run away or panic. If you are stopped by an officer, ask if you’re free to leave. Calmly walk away if they say yes. Do not try to leave if they say no.
• You may remain silent: You have a right to remain silent. If you’re asked to stand in a group based upon immigration status, you don’t have to move. You may also move to an area which isn’t designated for a specific group. You may also wish to carry a card, which you can hand to immigration officers, which states that you don’t wish to sign any documents, answer any questions or speak.
• You aren’t required to display immigration documents: You are allowed to refuse documents which reveal your country of citizenship or nationality. Do not lie or show false documents.
• You have a right to contact an attorney: If you are taken into custody or detained, you have a right to immediately contact an attorney. Even if you don’t have an attorney, you may tell immigration officers that you wish to speak with one. You may ask for a list of free or low cost lawyers.
• You don’t need to sign things: Don’t sign things until speaking with an attorney. Should you choose to sign something, fully understand its meaning. If you sign something, you could waive your legal rights or cause your own deportation.
• If you think your rights have been violated: Document what occurred or ask a witness to do this. Include details such as badge numbers, names, and what was done and said. Report violations to an attorney or an immigrant rights organization.

ICE raids at workplaces can be chaotic and intimidating, but you still have rights. Knowing what to do ahead of time can help protect you and others from unlawful questioning or detention.

What to Do if You Are Detained by Ice

If you are detained by ICE:

• Clearly state that you wish to speak with a lawyer.
• Don’t sign documents without consulting with a lawyer or understanding them.
• Document everything, such as encounter details and the badge numbers and names of the officers.
• Contact a lawyer and your family immediately.

Being detained by ICE can be overwhelming, but staying calm and focused can make a difference. Use your rights, avoid signing anything under pressure, and get legal help as soon as possible.

Do ICE Agents Need a Warrant?

ICE needs a judicial search warrant to enter your home. This warrant must have your address on it as well as the name of someone who lives in your home.

Warrants are limited to named individuals or specific areas. Ask to see the warrant under the door or through a window.

If ICE doesn’t have a valid warrant signed by a judge, don’t open the door and don’t allow agents inside.

Does ICE Need Probable Cause?

ICE officers require probable cause to arrest people. However, the definition of “probable cause” in cases involving immigration may be more flexible than in cases involving criminal law. Specifically, immigration agents may make arrests if they reasonably believe the individual can be removed from the United States and is likely to escape prior to a warrant being obtained.

• Probable cause definition: Probable cause refers to a reasonable belief, which is supported by facts, personal observations or witness statements, that someone isn’t a United States citizen and is eligible for deportation or detention under immigration laws.
• ICE’s responsibility: ICE has a responsibility to demonstrate that they possess probable cause prior to making an arrest.
• Warrants: ICE may arrest people with warrants, but they may also arrest people without warrants should they have probable cause and the person is likely to escape.
• Detainers: Detainers may be issued by ICE. These are requests to hold individuals in jail based upon a belief they can be removed. Detainers need to be based upon probable cause.

ICE doesn’t always need a warrant, but they do need a legal basis for an arrest. That’s why it’s important to know your rights and ask to see any warrant or evidence they claim to have.

Can ICE Legally Detain U.S. Citizens?

No. ICE has no legal authority to detain a U.S. citizen. The authority ICE has is limited to enforcement of immigration laws against those who are not citizens. ICE detaining a U.S. citizen would be an unlawful detention.

• ICE’s role: The role of ICE is to identify, arrest, detain and remove individuals who aren’t U.S. citizens and are eligible for removal from the U.S.
• The rights of U.S. citizens: United States citizens have protection against detainment based upon immigration status. They have a right to not be detained or questioned by ICE based on their citizenship.
• What to do if you’re detained: If you’re detained by ICE as a U.S. citizen, clearly state you’re a citizen, don’t answer questions without an attorney present, ask to speak to a lawyer, and document the incident with notes, videos and photos.

While ICE is not supposed to detain U.S. citizens, mistakes and abuses still happen. If you’re a citizen, make your status clear and take steps to protect yourself immediately.

Knowing Your Rights During Questioning or Arrest

• You have a right to remain silent. You can say that you choose to remain silent or want a lawyer.
• You have a right to record and take pictures of ICE agents as long as you aren’t interfering with law enforcement activities.
• When in detention, ask to speak with a lawyer and your consulate soon. ICE will not provide an attorney.
• Consult a lawyer before signing anything.
• Calmly state your rights and do not physically resist arrest.

Staying calm and knowing your rights can help protect you during any ICE encounter. The more prepared you are, the harder it is for your rights to be violated or ignored.

What Documents You Should Carry

If you think you are at risk of being stopped by ICE, you should carry:

• A know your rights card: A know your rights card/ Red Card can be a very helpful reminder regarding your rights, and you can show it to ICE.
• Valid documents: This includes things like green cards or work permits, as well as passports or birth certificates if you’re a citizen. It’s a good idea these days to always carry valid immigration documents.
• Proof of a pending case: This applies if you have an immigration case which is pending.
• Proof that you’ve lived in the United States for over two years: This may be in the form of receipts, tax returns, utility bills or leases.
• Employment records: If this is applicable, carry work authorization documents, employment verification letters or pay stubs.
• Phone numbers: Keep phone numbers of a lawyer, friends or family readily available.
• Don’t carry foreign documents such as foreign passports: These may be used against you.

Having the right documents on hand can make a huge difference if you’re stopped by ICE. Stay prepared, and avoid carrying anything that could be used against you during an encounter.

Immigration Red Cards: Know Your Rights Cards

We’ve provided our own Know Your Rights Cards below in English and Spanish for your convenience. Print at a size of 4x6in. or to your liking and cut to store in your wallet. The portion intended for handing to the agent is the second half of the card.

Immigration Know Your Rights Card – English

Hemos proporcionado nuestras propias versiones de las tarjetas Conozca Sus Derechos a continuación, en inglés y en español, para usted. Imprímala en un tamaño de 4×6 pulgadas o al tamaño que prefiera y recórtela para guardarla en su billetera. La parte destinada a entregarse al agente es la segunda mitad de la tarjeta.

Tarjeta de Inmigracion | Conozca Sus Derechos – Español

Am I at Risk of an ICE Arrest?

The federal government is allowed by law to deport some immigrants, including:

• Those who do not have lawful immigration status
• Those with status (such as visa holders, refugees and lawful permanent residents) who have specific criminal convictions

ICE is directed by the federal government regarding who to target for arrest. Officers with ICE will consider factors like:

• Recent arrests and criminal cases
• Charges involving weapons or firearms

If you have legal immigration status as well as prior convictions, you might be a target of ICE, even if:

• You only paid a fine and didn’t spend time in jail
• You were convicted years ago
• You have serious medical problems
• You were only convicted of a misdemeanor
• You were a minor when you were convicted
• You have been an LPR for quite a long time
• Every other member of your family is a U.S. citizen

ICE arrests may occur at or outside:

• Public places
• Homes
• Workplaces
• Traffic stops
• Courthouses

You may be at a higher risk of being arrested by ICE if:

• You have overstayed a visa
• You have a pending removal (deportation) order
• You have been previously arrested or convicted

Having legal status doesn’t guarantee protection, as ICE may arrest people regardless. This is why it is important to know your rights.

Handling ICE Deception, Lies, or Threats

It is common for ICE to lie about what they want and who they are. These lies are officially-sanctioned policies which ICE agents are trained to tell.

ICE agents are known to:

• Pretend to be local police or other law enforcement: They often claim to be police or law enforcement, hiding anything that can identify them as ICE. They may even wear clothing that says “POLICE” on it. They may pretend to be doing a criminal investigation. They might, for example, claim they wish to show you pictures of a suspect to find out if you know them.
• Pretend to be other people: They may pretend to be private businesses or potential employers. They could drive what appears to be a delivery van, carry props such as ladders or clipboards, or wear a fake uniform. They could be intentionally vague about their identity.
• Tell lies over the phone: They may pretend to be local police over the phone, asking you to answer questions, or asking them to meet you, claiming you’re a suspect. They could claim they found your lost ID and want to return it to you. They could say they’re from a local District Attorney office and wish to meet you. They could say they’re calling from a court and are asking for updated contact information or confirming an upcoming date in court.

If someone calls your phone and comes to your door:

• Ask for their ID if they claim to be officers. Ask where they work. Ask them if they are from ICE or DHS if they say they’re police.
• Don’t consent to their entry or let them in if they don’t have a valid warrant signed by a judge which has a correct name and address on it.

If you suspect ICE is trying to get inside your home:

• You have a right to keep your door closed and stay silent.
• Say that you don’t want to let them in or answer questions if they don’t have a valid warrant.

If ICE is inside your home:

• Tell them that you do not consent to them being inside and ask them to leave until they do.
• You have a right to not provide them with any documents that they request. However, if you have legal immigration status, it is a good idea to provide documents that prove this.

After an ICE Encounter: Record, Report, and Seek Help

After an encounter with ICE:

• Write down badge numbers, names, times, and exactly what happened. Ask for information from witnesses.
• If you have been harmed, take photos and seek medical attention.
• You may file internal complaints with ICE/OIG or your local ACLU, NILC or IDP.
• You may connect with an immigration attorney or rapid-response hotline. NOTE: we are not immigration attorneys.

Even if the encounter seemed minor, it’s worth documenting everything because ICE misconduct often goes unaddressed unless people speak up. Protect yourself and your community by reporting what happened and reaching out to trusted legal and advocacy organizations.

When an Attorney Can Help

People can potentially file lawsuits against ICE:

• ICE authority and U.S. citizenship: United States citizens can’t be detained or deported for immigration violations. ICE authority is limited to the enforcement of immigration laws, not the enforcement of other criminal laws.
• Mistaken detention: United States citizens may be mistakenly detained by ICE. This is often because of errors in communication between agencies or information.
• Unlawful detention: Lawsuits may be filed over being held without proper justification or beyond the amount of time allowed by the law.
• Unlawful arrest: ICE may be sued when they arrest people without legal justification or proper cause.
• Civil rights violations: You may be able to sue ICE over civil rights violations, like inadequate confinement conditions or cruel and unusual punishment.
• Legal resource: When United States citizens are wrongfully detained by ICE, they have a right to seek a legal remedy. This may involve the filing of a lawsuit against ICE for any damages related to a wrongful detention.
• Potential claims: A lawsuit against ICE over wrongful detention may include claims for false imprisonment and arrest, negligence, intentional infliction of emotional distress, and malicious prosecution.
• Qualified immunity: It is vital to note that law enforcement such as ICE might have qualified immunity. This can make it challenging to sue them. However, when detentions are clearly unreasonable and illegal, lawsuits may still be successful. There have been times when United States citizens have successfully sued ICE over wrongful detention.
• Wrongful deportation: Those who think they were deported wrongfully can sue. This will often involve arguing that a deportation had no valid legal basis.
• Medical negligence: Some people have sued ICE over an alleged failure to provide medical care which is adequate while in custody.
• Excessive force: A lawsuit may be filed if excessive force is used during a detention or arrest.
• Statute of limitations: Time limits exist for filing a lawsuit against the government. It is vital to know about these deadlines.

ICE has a long history of overreach, mistakes, and aggressive enforcement tactics. If you or someone you know may be at risk, it’s important to stay informed, avoid unnecessary contact, and stay safe.

Provided by Nadrich Accident Injury Lawyers. Stay safe. For informational purposes only. Not to be construed as legal advice.