ICE Arrest in a Sanctuary City: Your Rights

ICE can make arrests in sanctuary cities — local non-cooperation policies do not override federal immigration enforcement authority. However, you retain constitutional rights during any ICE encounter: the right to remain silent, the right to refuse a warrantless home entry, and the right to an attorney. Invoking these rights immediately can significantly affect your case outcome.

What Is a Sanctuary City and What It Actually Means

A "sanctuary city" is a jurisdiction that has adopted policies limiting local law enforcement cooperation with ICE (Immigration and Customs Enforcement). These policies typically prohibit local police from honoring ICE detainer requests or sharing information about individuals' immigration status.

Critically, sanctuary policies are local ordinances — they bind local agencies, not federal agents. ICE officers operate under federal authority and are not subject to city or county non-cooperation rules. This means ICE can and does conduct enforcement operations in sanctuary jurisdictions, including surveillance, warrant-based arrests, and targeted operations in public spaces.

For a thorough overview of how ICE conducts operations, visit the official ICE website.

Your Constitutional Rights During an ICE Encounter

Regardless of your immigration status or the city you live in, the U.S. Constitution protects you during any government encounter:

• Right to remain silent (Fifth Amendment): You are not required to answer questions about your immigration status, birthplace, or how you entered the country. Clearly state: "I am exercising my right to remain silent."
• Right to refuse warrantless entry (Fourth Amendment): If ICE comes to your home, do not open the door unless they present a judicial warrant signed by a judge. An administrative ICE warrant (Form I-200 or I-205) does not authorize forced entry into your home.
• Right to an attorney: You have the right to speak with an immigration attorney before answering questions. Ask for a lawyer immediately and do not sign any documents before consulting one.
• Right to a hearing: With limited exceptions (such as expedited removal at the border), you have the right to appear before an immigration judge before a final order of deportation is issued.

Immigration attorney Ilya Fishkin, immigration attorney advises clients on how to assert these rights effectively from the moment of an ICE encounter.

What to Expect If ICE Arrests You

If ICE arrests you in a sanctuary city, here is the typical sequence of events:

1. Identify yourself minimally: You may be required to provide your name. Beyond that, invoke your right to remain silent and do not volunteer information about how or when you entered the U.S.
2. Do not sign anything: ICE may present you with forms including a voluntary departure agreement or a stipulated order of removal. Do not sign without speaking to an attorney — signing can waive your right to a hearing.
3. Request an attorney immediately: State clearly: "I want to speak to an attorney." Ask for a list of free or low-cost immigration legal services if you cannot afford private counsel.
4. Contact a trusted person: You have the right to notify a family member, friend, or consulate of your country of origin about your detention. Use this right as soon as possible.
5. Note details of the arrest: If possible, remember (or have a family member note) the names and badge numbers of agents, the location, and the time of the arrest. This information can be critical for your attorney.
6. Attend all hearings: Failure to appear before an immigration judge can result in a removal in absentia order, which is extremely difficult to overturn and may result in additional fees under current federal regulations.

What the Law Says: Key Legal Framework

Federal immigration enforcement authority is grounded in the Immigration and Nationality Act (INA), which grants DHS and ICE broad authority to arrest, detain, and initiate deportation proceedings against non-citizens in violation of immigration law — regardless of local sanctuary policies.

Key provisions include:

• INA § 287(a): Grants immigration officers authority to interrogate and arrest individuals believed to be in violation of immigration law without a warrant under specific conditions.
• INA § 240: Establishes the right to a removal hearing before an immigration judge, with limited statutory exceptions.
• INA § 240(b)(5): Governs orders of removal issued in absentia when a respondent fails to appear.
• Appeal deadline: If an order of deportation is issued against you, you have 30 days to file an appeal with the Board of Immigration Appeals (BIA).
• Motion to Reopen deadline: A motion to reopen deportation proceedings must generally be filed within 90 days of a final order.
• Voluntary Departure: If granted by an immigration judge, the maximum voluntary departure period is 120 days.

For official DOJ guidance on immigration court procedures, refer to the U.S. Department of Justice.

Prepare Before an Arrest Happens

• Carry a know-your-rights card with you at all times listing the phone number of an immigration attorney.
• Create a "family preparedness plan" — designate a trusted person who can care for children or dependents and manage finances if you are detained.
• Do not carry false documents; doing so creates additional criminal exposure beyond immigration violations.
• Consult an immigration attorney about whether any relief — such as cancellation of removal, withholding of removal, or adjustment of status — may be available to you before any enforcement action occurs.

This material is for informational purposes only and does not constitute legal advice