ICE Arrest Rights: What the AIC Lawsuit Means for You
ICE has been arresting immigrants without properly telling them their rights — at least that is what the American Immigration Council claims in a new federal lawsuit. The case could affect thousands of people in removal proceedings, including those with pending green card applications and upcoming immigration court hearings. If ICE ever stops you, what you do in the first few minutes can change everything.
The American Immigration Council (AIC) filed a lawsuit against U.S. Immigration and Customs Enforcement (ICE) over how the agency handles arrests and detentions of immigrants. The case raises serious questions about deportation defense and whether ICE is following the law when it arrests people — including those with pending green card applications or immigration court hearings scheduled.
At the center of the lawsuit is the claim that ICE has been arresting immigrants without giving them proper notice of their rights. Under U.S. law, people taken into immigration custody have the right to know why they are being detained and to contact a lawyer. The AIC argues that ICE has not been honoring these basic protections — leaving many immigrants, including asylum seekers and people in removal proceedings, without a real chance to defend themselves.
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Why This Matters for Immigrants
If you have a pending immigration case — whether it is a green card application, an asylum application, a work permit (EAD), or a visa extension — an ICE arrest can put everything at risk. Being detained can cause you to miss an immigration court hearing, which may result in a deportation order issued in your absence. The AIC lawsuit is pushing for ICE to follow clearer rules so that immigrants know their rights at the moment of arrest and can contact an immigration lawyer before being removed.
What to Do
- Know your rights now, before any encounter with ICE. You have the right to remain silent and the right to speak with a lawyer. You do not have to answer questions about your immigration status.
- Carry a "know your rights" card. Organizations like the AIC offer free cards that explain what to say — and what not to say — if ICE stops you.
- Write down your lawyer's phone number. If you are detained, you may be allowed one phone call. Have your immigration lawyer's number memorized or written on paper — not just saved in your phone.
- If you miss an immigration court hearing because of an ICE arrest, lawyers recommend filing a motion to reopen your case as soon as possible to avoid a deportation order becoming final.
Fishkin Law Firm, New York
When ICE makes an arrest, the first hours are critical. Immigrants have the right to remain silent and the right to contact counsel — but ICE is not required to provide a lawyer for you, so you must ask for one immediately and refuse to answer substantive questions until you have spoken with an attorney. If you are detained and have a pending immigration court hearing, your attorney can file an emergency motion to prevent a deportation order from being entered in your absence. Anyone who believes their rights were violated during an ICE arrest should document everything they remember and consult an immigration attorney as soon as possible.