ICE Arrest: What to Do Step-by-Step Guide
ICE arrest what to do: know your rights, key steps to protect yourself or a family member, and when to call an immigration attorney.
If ICE arrests you or a family member, stay calm and do not resist. You have the right to remain silent and the right to speak with an attorney before answering any questions. Contact an immigration lawyer immediately — the first hours after an ICE arrest are critical to preventing deportation. Check resources at ICE.gov.
Quick Answer
An ICE arrest does not automatically mean deportation. You have constitutional rights regardless of immigration status. Invoking your right to silence and contacting an immigration attorney as fast as possible gives you the best chance to fight removal in immigration court.
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When This Applies
This guide applies if ICE officers have arrested you, a family member, or a household member — whether at home, at work, at a traffic stop, or at a courthouse. It also applies if ICE has issued a detainer (hold request) after an arrest by local law enforcement. Key scenarios include:
- Arrest at home: ICE agents arrive with or without a judicial warrant.
- Worksite enforcement: ICE conducts a raid at your place of employment.
- Civil immigration detainer: Local police notify ICE after a separate arrest.
- Re-entry after a prior order of removal: Expedited deportation may apply under INA §238.
- Arrest in absentia: You missed an immigration court hearing and have an outstanding order of removal.
Step-by-Step: What to Do Immediately After an ICE Arrest
- Stay calm and do not resist. Physically resisting ICE officers is a criminal offense and will make your situation worse. Comply with physical instructions while asserting your legal rights verbally.
- Invoke your right to remain silent. Clearly state: "I am invoking my right to remain silent." Do not answer questions about your immigration status, country of origin, or how you entered the US — anything you say can be used against you in deportation proceedings.
- Ask to see a judicial warrant. ICE administrative warrants (Form I-200 or I-205) do not give agents the right to enter your home without consent. Only a judicial warrant signed by a judge authorizes forced entry. If agents are outside, do not open the door — ask them to slide the warrant under the door.
- Request an attorney immediately. State clearly: "I want to speak with an attorney." You have the right to legal representation in immigration proceedings, though the government is not required to provide one at no cost. Contact Ilya Fishkin, immigration attorney or another qualified immigration lawyer without delay.
- Memorize or write down your A-Number. Your Alien Registration Number (A-Number) is essential for your attorney to locate your case, track detention status, and access court records. It appears on immigration documents such as your visa, green card, or prior notices from USCIS.
- Notify a trusted contact and prepare a family safety plan. If you have children or dependents, activate a pre-arranged emergency plan. Designate a trusted person with power of attorney for childcare decisions in advance. Your attorney can also file an emergency motion with the immigration court if needed.
What the Law Says
Your rights during an ICE arrest are grounded in the Fourth Amendment (protection against unreasonable searches and seizures) and the Fifth Amendment (right to remain silent) of the US Constitution — these apply to all persons on US soil, regardless of immigration status.
Under INA §240, most non-citizens in removal proceedings have the right to a hearing before an immigration judge. If you already have an order of removal, you have 30 days to appeal to the Board of Immigration Appeals (BIA). If you missed a hearing and were ordered removed in absentia, you may file a Motion to Reopen within 90 days under 8 CFR §1003.23. Voluntary departure of up to 120 days may be available in some cases under INA §240B as an alternative to a formal deportation order.
If you fear persecution in your home country, you may apply for withholding of removal under INA §241(b)(3) or protection under the Convention Against Torture (CAT), even if you are otherwise ineligible for asylum. Immigration attorney Ilya Fishkin, immigration attorney can evaluate which defenses apply to your specific situation.
For official guidance on detention and removal procedures, visit the US Immigration and Customs Enforcement (ICE) official website.
Family Safety Plan: Prepare Before an Arrest Happens
- Keep copies of all immigration documents in a safe, accessible location.
- Write down your attorney's phone number — do not rely on your phone being accessible after arrest.
- Designate a trusted person to care for minor children and execute a childcare power of attorney.
- Know your A-Number by memory or keep it in a document your family can access.
- Contact an immigration attorney to review your case before an arrest occurs — proactive legal planning can prevent detention.
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 officers cannot force entry into your home without a judicial warrant signed by a judge. An administrative ICE warrant (Form I-200 or I-205) does not authorize forced entry. You are not required to open the door. Ask agents to slide any warrant under the door and verify it is signed by a judge before opening.
What happens after ICE arrests you — will you be deported right away?
Not necessarily. After arrest, you will typically be processed and placed in an immigration detention facility. Most people then go through formal removal proceedings under INA §240, which includes a hearing before an immigration judge. Expedited deportation without a hearing is possible in certain cases — for example, if you were previously ordered removed. Contact an attorney immediately to understand your specific rights.
How do I find a detained family member after an ICE arrest?
Use the ICE Online Detainee Locator System at ice.gov to search for a detained individual using their country of birth, date of birth, and A-Number. If you cannot locate them, contact an immigration attorney who can access case information through official channels.
Can I be deported if I have US citizen children?
Having US citizen children does not automatically prevent deportation, but it can be a significant factor in your case. It may support eligibility for Cancellation of Removal under INA §240A if you meet continuous presence and other requirements. An immigration judge weighs family ties, hardship to US citizen relatives, and other factors. Consult an immigration attorney to evaluate your options before or immediately after an ICE arrest.