ICE Raid at Your Door: Rights & What to Do

You have constitutional rights during an ICE raid regardless of immigration status. You may remain silent, refuse to open the door without a signed judicial warrant, and request an attorney before answering questions. If detained, clearly state: "I am exercising my right to remain silent and I want an attorney." Do not sign any documents without legal counsel.

Quick Answer

Every person in the United States — citizen or not — has Fourth and Fifth Amendment protections. ICE officers cannot enter your home without a judicial warrant signed by a judge. You are never required to answer questions about your immigration status without an attorney present.

When These Rights Apply

At your door: ICE may knock, but you are not required to open unless they present a judicial warrant (not an administrative warrant signed only by an ICE supervisor).
In public: If stopped in a public place, you may ask "Am I free to go?" If yes, calmly walk away. If no, state you wish to remain silent.
If detained: Rights apply the moment you are taken into custody. Detention may lead to formal deportation proceedings under INA §240.
Expedited deportation: Under INA §235(b)(1), individuals apprehended near the border or present less than two years may face accelerated removal with limited hearing rights — knowing this distinction is critical.

Step-by-Step: What to Do If ICE Comes

Stay calm and do not run. Running or resisting can be used against you legally.
Do not open the door. Ask through the closed door: "Do you have a judicial warrant signed by a judge?" An administrative ICE warrant (Form I-200 or I-205) does not require you to open the door.
Remain silent. Clearly state: "I am exercising my right to remain silent." Do not confirm or deny your name, birthplace, or immigration status.
Do not sign anything. ICE may present forms requesting voluntary departure or waiving appeal rights. Do not sign without an attorney.
Contact an attorney immediately. You have the right to call a lawyer. If detained, you may request a list of free legal service providers. Ilya Fishkin, immigration attorney can advise on your options during and after detention.
Memorize or carry an emergency card. Write your attorney's number, your country of birth, and the phrase "I do not consent to a search" in advance.

What the Law Says

The Fourth Amendment protects against unreasonable searches and seizures. The Fifth Amendment guarantees the right to remain silent. Under INA §240, non-citizens placed in formal deportation proceedings have the right to a hearing before an immigration judge and the right to appeal an order of removal to the Board of Immigration Appeals (BIA) within 30 days of the order. A motion to reopen proceedings must generally be filed within 90 days.

If you cannot attend your hearing and a removal order is issued in your absence (in absentia), you may face additional enforcement costs. Consult your attorney about filing a motion to reopen under INA §240(b)(5)(C) if you had a valid reason for missing the hearing.

For official guidance on your rights during enforcement actions, see U.S. Immigration and Customs Enforcement (ICE) and U.S. Department of Justice (DOJ).

Immigration attorney Ilya Fishkin specializes in deportation defense and can help you understand your legal options if you or a family member has been detained.

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

Frequently Asked Questions

Can ICE enter my home without a warrant?

ICE cannot enter your home without a judicial warrant signed by a judge. An administrative warrant (Form I-200 or I-205) signed only by an ICE supervisor does not give officers the right to enter. You are not required to open the door unless a judicial warrant is presented.

What happens if I am detained by ICE at work or in public?

If detained in a public place or at your workplace, state that you wish to remain silent and want an attorney. Do not resist physically. ICE may process you for formal deportation proceedings under INA §240, which entitles you to a hearing before an immigration judge.

Can I be deported immediately after an ICE arrest?

In most cases, you will be placed in formal deportation proceedings and have the right to a hearing. However, under expedited removal (INA §235(b)(1)), individuals near the border or present less than two years may be removed more quickly with limited appeal rights. Always consult an attorney immediately after arrest.

What is a Stay of Deportation and how do I request one?

A Stay of Deportation temporarily halts your removal while your case is reviewed. You can request one by filing Form I-246 with ICE. The current filing fee — check the current amount on the official ICE or USCIS website before filing — must be submitted with the form. A stay is not guaranteed and is decided at ICE's discretion.