Knowing Your Rights When ICE Officers Visit Your Home or Workplace or Stop You in Public
The good news is that all people living in the United States have certain Constitutional rights—even undocumented immigrants. The bad news: Many don’t know their rights when dealing with U.S. Immigration and Customs Enforcement (ICE). This Immigration Law Tech Tip will give you the basics whether ICE:
- Visits your home
- Comes to your workplace
- Stops you in public
Para leer este artículo en español, visite Conozca Sus Derechos Cuando Inmigración (ICE) Visitan su Hogar o Lugar de Trabajo o lo Dejan en el Público.
General Tips Whether You Encounter ICE at Home, Work or in Public
Regardless of how you encounter ICE, the three most important things to remember are you always have the right to remain silent and the right to speak to a lawyer and that you should never lie or provide false documentation.
Maintaining Your Right to Remain Silent
Regardless of how you encounter ICE, always remember you have the right to remain silent. Meaning, you have the option to avoid speaking to immigration officers or answering any questions.
This Know Your Rights Card is available in numerous languages such as Spanish, Chinese and Arabic.
Specifically, you may:
- Refuse to answer or remain silent if an ICE officer asks where you were born or how you entered the United States.
- Refuse to show any documents that provide details on your identity such as your home country.
- Show the officer a Know Your Rights card to communicate that you wish to remain silent and speak to a lawyer.
It’s always up to you to remain silent. Just be sure you say so out loud, avoid lying and show no false documents.
Maintaining Your Right to Speak to a Lawyer
Whether ICE or any other law enforcement officer detains you or takes you into custody, you have the right to immediately contact a lawyer. If possible, contact an immigration lawyer. You also have the right to contact your consulate—who can also help you in locating an attorney. For more on knowing your rights once detained, see our post regarding detention centers.
If you HAVE a lawyer:
Tell the officers that you want to talk to your lawyer, and if you have a signed Form G-28, hand it over to them. This form shows you have a lawyer.
If you DO NOT HAVE a lawyer:
Tell the officers that you want to talk to a lawyer and ask for a list of pro bono lawyers.
Signing Paperwork
Until you talk to an attorney, you have the right to refuse to sign any and all paperwork. If you choose to sign something before and therefore without consulting an attorney, be sure you understand exactly what the document says and means before signing it.
Permission Versus the Requirement to Comply with an Officer’s Request
If an officer requests your permission to do anything—such as search your person or belongings or to see identification documents—you may refuse. If you are not sure whether you are required to comply with the officer’s request, just ask, “Am I required to … ?” This gets into trickier territory, and that’s why it’s always best to know your rights.
Situation-Specific Tips When Dealing with ICE or Other Law Enforcement Agents
All of the above applies whether ICE visits your home or workplace or stops you in public. Here are some more tips on these specific encounters with law enforcement.
What to Do if ICE Visits Your Home
If ICE agents visit your home, you do not have to open the door or let them in unless they have a valid search warrant* signed by a judge. Keep in mind that a search warrant is different than an ICE deportation warrant. If all they possess is an ICE deportation warrant, they cannot legally enter your home unless you verbally agree to let them in.
*To ensure the validity of a search warrant signed by a judge, ask the officer to slide the document under your door or hold it up to your window so you can review it. When doing so, be sure the search warrant contains:
- Your correct name
- Your correct address
- A judge’s signature
If the warrant is missing any one of these, you don’t have to open the door.
Let’s say they don’t have a search warrant, but you decide to speak with the officers anyway. You can still do so without opening the door. You may either speak through your door or step outside to talk and close the door behind you.
What to Do if ICE Comes to Your Workplace
If ICE officers come to your workplace, you might feel frightened, but do not panic or run away. If you feel like you need to leave, calmly walk toward the exit, and if an officer stops you, ask whether you are free to leave. If the officer says no, do not try to exit the premises. Officers might also ask you questions, but remember you may tell them you want to remain silent.
In some cases, ICE officers will ask you to stand in a group according to your immigration status. You have two options:
- Remain where you are standing; you don’t have to move.
- Move to an area that is not designated for a particular group.
What to Do if ICE Stops You in Public
Although you might feel intimidated if ICE stops you in public, you may always ask if you are free to leave. If an officer says no, you may exercise your right to remain silent.
When stopped by an officer for questioning, you may also refuse a search of your person or your belongings—as long as he or she does not suspect you have a weapon. If suspected so, an officer may “pat down” your clothes.
Contact an Immigration Lawyer
We are happy to answer questions on dealing with ICE, so feel free to call Shaftel Law at (303) 872-6985, contact us online or keep up with the latest immigration news through our blog or Immigration Law Tech Tips.