You have the right to ask for an officer’s identification, name, and badge number during any interaction.
You have the right to remain silent: You do not have to share any information with ICE agents.
- You can calmly say, “I do not want to talk to you without a lawyer present, please leave.”
- Or, silently hand them a red card, which lists your rights.
- You can also ask “Am I free to leave?” and if they don’t clearly answer, you can leave, you aren’t being detained.
You have the right to a lawyer. Unlike in criminal court, the government does not provide a free public defender in immigration court. You still have the right to an attorney, and there are free and low-cost options available. Do not sign any documents or share any information without your lawyer present.
You have a right to challenge your detention. If you have been detained, you still have a Constitutional right against unlawful detention, even if an immigration judge denies you bond.
- In some states, you can submit a petition to challenge your detention in federal court and have counsel appointed to determine why you are being detained.
- See this resource in English and Spanish that people without legal representation should submit to federal court if they are detained without bond.
- People can prepare these petitions in advance so that their families or someone can help file them if they are detained.
You have the right to refuse entry (no warrant): ICE cannot enter or search your home without a warrant signed by a judge. Do not open the door.
- Say, “I want to see a judicial warrant and your ID.” The agents can slide this information under the door.
- ICE agents may lie and say they have a warrant, or show you a warrant signed by an ICE officer, not a judge. Here is how you can tell the difference.
- Take photos of everything they show you.
- This can feel intimidating. Practice this with friends or family so you’re better prepared if it happens.
You have the right to refuse search (no warrant): ICE cannot search your home, your car, your bags, or your person unless they have a warrant signed by a judge that specifically gives permission to search.
- Say, “ I do not consent to you being in my home, please leave.”
- Or “ I do not consent to your search.”
You have the right to freedom from Unreasonable Seizure, which means you cannot be detained or arrested without probable cause. “Probable cause” means concrete facts of a crime being committed, not a hunch or a feeling.
- If you are stopped by someone you don’t recognize, or an authority, ask them to identify themselves.
- Say “Am I free to go?” and if they say yes, walk away and do not answer any questions or sign any documents, no matter what they tell you.
- If they say no, you are not free to go, do not resist arrest or run away, this can be dangerous.
- This can feel intimidating. Practice this with friends or family so you’re better prepared if it happens.
You have the First Amendment right to document ICE agents in public. As long as you do not interfere with their duties, you may take notes, film, and photograph ICE agents in public spaces.
- Even though they have no right to do so, ICE agents may try to use force to stop you from filming.
- Keep in mind that immigration court, while generally open to the public, is not a public space. Inside most courts, recording and/or photography are prohibited.
Do not resist arrest, run, or disrupt an arrest. This can be dangerous.
If you, or someone you know is arrested by ICE, visit locator.ice.gov to find them
