Know Your Legal Rights with ICE

Who can ICE arrest?

Federal law authorizes US Immigration and Customs Enforcement (ICE) to arrest, detain, and deport anyone without lawful immigrant status (e.g. citizen, LPR, refugee, etc.). In addition, ICE may target people who have lawful immigrant status but who have been convicted of certain crimes.

The federal government has directed ICE to prioritize arresting certain people. Currently, ICE’s priorities include people who pose a threat to national security, people who unlawfully entered the US on or after November 1, 2020, and people who pose a threat to public safety. ICE may consider an immigrant to be a threat to public safety if that person has a violent or firearm related criminal conviction. They may still arrest and deport you even if your criminal conviction was a long time ago, even if it was a minor crime, and even if you didn’t serve any time in jail.

ICE may come to learn about you in a variety of ways. First, if you ever submitted an immigration application of any type to the government, ICE will typically know about you. Second, if you have had any contact with the criminal legal system, ICE is usually notified. This may include if you were ever arrested, if you have a criminal case currently pending, or if you are currently on probation or parole. Finally, ICE may already know about you if you ever applied for a drivers license or registered a car. 

What should I do if ICE comes to my front door?

ICE agents need to have a warrant signed by a judge in order to enter your home without your consent. In most cases, the officers will not have any warrant. Instead, they often use lies, threats, and force in order to coerce you into giving them consent to enter your home. This may include brandishing their firearms at you, knocking loudly and repeatedly, and even pushing through the door if you open it.

If ICE agents come to your home, remain calm and ask them to slip the warrant under the door. In many cases, they may have a warrant signed by ICE, which does not allow them to enter your home without your consent. If they do not have a warrant signed by a judge, do not open the door. Opening the door for ICE legally does not constitute consent to enter your home, but they may interpret it as such and push past you. If they do this, clearly tell them, “I do not consent to you entering my home.”

If ICE asks you where someone is who they want to arrest, do not give them the person’s location. However, do not lie to the officers, as doing so is a federal crime. Instead, tell them that you do not wish to answer any questions, and ask them to leave their contact information. You are not legally required to tell ICE where to find someone that they want to arrest.

What should I do if ICE enters my home?

If you do allow ICE agents to enter your home, they may tell you that they need to search the rooms for people or items. They are required to have a warrant signed by a judge in order to do so. If they do not have a warrant, tell them that you do not consent to a search of your home. They may tell you that they need to conduct a search in order to protect officer safety, which is almost always false. If they say this, just continue to tell them that you do not consent to a search in order to protect your legal rights.

If ICE arrests you at your home, you should exercise your right to remain silent and to speak to an attorney. You are not required to give them any of your immigration or consular documents. Do NOT sign anything that they give you. You should not tell them anything about where you were born, any prior arrests or criminal convictions, or your immigration status. Wait to speak to an attorney.

What should I do if ICE stops me in public?

If ICE stops you on the street, while driving a car, at your employer, or at a courthouse, you have fewer rights than you do in your home because you are in public. Oftentimes, interactions with ICE in public are very brief. They might only confirm your name and then arrest you. If this happens, do not sign anything. Also, do not give them any information about your immigration history, prior arrests, or criminal convictions. You still have a right to remain silent and to speak to an attorney in this situation.