Your Rights During an ICE Encounter

Regardless of your immigration status, the U.S. Constitution guarantees certain rights to every person on U.S. soil.

Core Rights

• The right to remain silent — you are not required to answer questions about your immigration status, country of origin, or how you entered the United States
• The right to an attorney — you have the right to consult with a lawyer before answering any questions
• Protection against unreasonable searches — without a judicial warrant (a warrant signed by a judge), ICE agents do not have the right to enter your home
• The right to refuse to sign documents — never sign documents you do not understand or do not agree with

A visit from ICE agents to your home is a stressful situation. It is important to stay calm and know your rights.

Step-by-Step Actions

1. DO NOT open the door — until a judicial warrant (an order signed by a judge) is presented to you. An ICE administrative warrant (Form I-200) does NOT give agents the right to enter your home.
2. Ask to see the document — through a window or closed door, ask them to show the warrant. Verify that it is signed by a judge, not an ICE officer.
3. Do not answer questions — say: «I am exercising my right to remain silent. I want to speak with my lawyer.»
4. Document everything — note or write down the agents' names and badge numbers, the time of the visit, and what was said.
5. Call a lawyer — contact an immigration attorney or a legal aid hotline as soon as possible.

Difference Between Warrants

Judicial warrant (signed by a federal judge) — authorizes a search. Administrative warrant (ICE Form I-200, signed by an ICE officer) — does NOT authorize entry into your home without your consent.

If you are detained, it is important to act correctly.

What to Do

• State your name — this is the only information you are required to provide
• Demand an attorney — repeat: «I want to speak with a lawyer before answering any questions»
• Do not sign Voluntary Departure — if you sign a voluntary departure, you will lose your right to a hearing in immigration court
• Memorize your A-Number — your Alien Registration Number is needed by your attorney to locate your case
• Call your family — you have the right to make a phone call

What NOT to Do

• Do NOT physically resist
• Do NOT provide false documents
• Do NOT make statements about your status without an attorney present
• Do NOT sign any documents without reading and understanding them

If you have been placed in an immigration detention center, you have certain rights.

Your Rights

• Access to an attorney — the facility is required to provide a phone for you to contact a lawyer
• Medical care — you have the right to emergency and basic medical care
• Bond hearing — you may request a bond hearing before an immigration judge
• Contact with your consulate — you have the right to contact your country's consulate
• Filing complaints — you may file a complaint about detention conditions with the Office of Inspector General

Immigration Bond

An immigration judge may set a bond (typically ranging from $1,500 to $25,000+). The bond can be paid through a bondsman or in cash. The judge considers: flight risk, danger to the community, and ties to the community.

Prepare in advance — save important contacts in your phone and in a written notebook.

Hotlines

• National Immigrant Legal Services — legal aid hotline
• ACLU Immigrants' Rights Project — civil rights defense
• United We Dream — resources for DACA recipients and undocumented individuals
• Your country's consulate — assistance for citizens abroad

What to Prepare in Advance

• Copies of all immigration documents kept in a safe place
• Contact information for an immigration attorney (even if you have not yet hired one)
• A family "plan of action" — who will pick up the children, powers of attorney, access to bank accounts
• A Know Your Rights card — carry it with you at all times

A Know Your Rights card can be printed from the ACLU or NILC websites and kept in your wallet.