What Are Your Rights During an Immigration Enforcement Action?

Here is a summary of your fundamental rights during an immigration enforcement action:

• You have the right to remain silent. You are not required to answer questions regarding your citizenship or immigration status.
• You have the right to not open your door unless agents have a warrant signed by a judge.
• You have the right to speak with an attorney. State that you wish to exercise this right immediately.
• Do not sign any documents without first consulting a lawyer.
• Do not carry false documents.

Can ICE Enter My Home Without Permission?

This is one of the most common and critical questions we receive. The answer is clear: ICE agents cannot legally enter your home without a specific type of warrant. An agent may try to gain entry by asking for permission. You have the right to refuse.

• Ask to see the warrant. If an agent claims to have one, ask them to slide it under the door or hold it up to a window.
• Check the warrant carefully. It must be signed by a judge (not an ICE official) and must list your correct address. It should also specify which parts of the home can be searched.
• Do not open your door if they don't have a valid warrant. You can speak to them through the closed door. Calmly state, "I do not consent to a search of my home."

If agents force their way in, do not physically resist. State clearly, "I do not consent to your entry or to your search." This statement can be crucial for your legal defense later.

What Should I Do If I'm Stopped by ICE Agents?

Whether you are in your car, on the street, or at your workplace, an unexpected encounter with ICE can be disorienting. Your response can significantly impact the outcome.

• Ask if you are free to leave. If the agent says yes, you should calmly walk or drive away.
• Remain silent. You can say, "I am exercising my right to remain silent." You do not have to answer questions about where you were born, how you entered the country, or your immigration status. Providing this information can be used against you.
• Do not lie or present false documents. This is a separate crime that can carry severe penalties and make your immigration case much more difficult to resolve.
• Do not run. This can be interpreted as suspicious behavior and may escalate the situation.
• Request a lawyer. If you are detained, immediately state, "I wish to speak with an attorney." Do not answer any further questions until your lawyer is present.

Contact Us

Navigating immigration law, especially during a high-stress enforcement action, requires legal guidance. Your goal is to protect your rights and keep your family together, and our goal is to help you achieve that. If you or a loved one has been detained or fear you may be, contact an experienced immigration attorney at Green Evan-Schroeder immediately to secure the aggressive defense and skilled representation you need.