If immigration enforcement officers come to your home, your workplace, or stop you on the street, knowing your rights can make a critical difference — for you and your family.
This guide is based on current ACLU guidance and U.S. constitutional law. These rights apply to everyone on U.S. soil, regardless of immigration status, citizenship, or country of origin.
Your Rights During an ICE Encounter
1. You Have the Right to Remain Silent
You are not required to answer questions about your immigration status, where you were born, or how you entered the country. You can say: “I am exercising my right to remain silent.”
Do not lie to federal agents — but you are never required to speak. Anything you say can be used against you in immigration court.
2. You Have the Right to Refuse Entry Without a Warrant
ICE agents cannot enter your home without your permission unless they have a valid warrant signed by a judge. An ICE administrative warrant is not the same as a judicial warrant and does not give them the right to enter.
- Do not open the door
- Ask: “Do you have a judicial warrant signed by a judge?”
- Ask them to slide the warrant under the door or hold it to a window
- If they cannot show a judicial warrant, you are not required to let them in
3. You Have the Right to Speak with an Attorney
You have the right to speak with a lawyer before answering questions. Say: “I want to speak with an attorney before answering any questions.”
If you cannot afford an attorney, contact a local legal aid organization or the National Immigration Legal Services Center for free or low-cost help.
4. Do Not Sign Anything Without Legal Advice
Never sign documents without first speaking to an attorney. ICE agents may ask you to sign forms related to deportation or voluntary departure. Signing these documents can have serious and permanent consequences.
Know Your Rights Cards
One of the best things you can do right now is prepare a know your rights card. Keep it in your wallet so your rights are written down if you are ever stopped or questioned. Our free card covers what to say to ICE agents, how to invoke your right to remain silent, how to ask for an attorney, and what to do if ICE comes to your home.
If You Are Detained by ICE
Stay calm. Do not resist, even if you believe the detention is unlawful. Resisting can result in additional charges.
Invoke your rights immediately. Say clearly: “I am invoking my right to remain silent and my right to an attorney.”
Memorize your emergency contacts. ICE must allow you to make a phone call. Know the number of a trusted person and an attorney.
Do not sign anything. Do not sign without speaking to an attorney first.
Contact your consulate. Foreign nationals have the right to contact their country’s consulate when detained.
If ICE Comes to Your Workplace
- You have the right to remain silent anywhere, including your workplace
- ICE needs a judicial warrant to enter non-public areas of a business
- Ask “Am I free to go?” — if yes, you may leave calmly
- If you are not free to go, invoke your right to remain silent and ask for an attorney
How to Prepare Your Family Now
Make a family safety plan. Decide in advance who will care for your children if you are detained. Designate a trusted person with legal authority to act on your behalf.
Know your emergency contacts. Write down phone numbers for a trusted friend, family member, and immigration attorney.
Carry your rights card. Download and print our free know your rights card and keep it with you at all times.
Consult an immigration attorney. An immigration lawyer can review your situation and help you understand your specific options and risks.
Frequently Asked Questions
Can ICE enter my home without a warrant?
No. ICE cannot enter your home without a judicial warrant or your voluntary consent. Do not open the door, and do not consent to entry.
What is the difference between an ICE warrant and a judicial warrant?
An ICE administrative warrant (Form I-200 or I-205) is not the same as a judicial warrant issued by a court. Only a judicial warrant gives ICE the legal authority to enter your home without your permission.
Can ICE stop me on the street?
Yes, but you still have rights. Ask “Am I being detained?” If not, you are free to leave. If you are detained, remain calm, invoke your right to remain silent, and ask for an attorney.
What if I am a DACA recipient?
DACA recipients have the same constitutional rights as everyone else during an ICE encounter. You are not required to answer questions or consent to entry without a warrant. Contact an immigration attorney about your specific situation.
Do my children have rights if ICE comes?
Yes. Children born in the U.S. are citizens and cannot be deported. ICE cannot detain U.S. citizen children. Having a family plan ensures your children are cared for if you are detained.
Does ICE have to tell me why they are detaining me?
ICE is not required to tell you the reason at the moment of arrest, but you have the right to be told the charges against you eventually. Always ask for an attorney immediately.
Resources
- ACLU Know Your Rights: aclu.org/know-your-rights/immigrants-rights
- National Immigration Law Center: nilc.org
- National Immigration Legal Services Center: Find free immigration legal aid in your area
This page provides general legal information, not legal advice. Laws and enforcement practices change. Consult a licensed immigration attorney for advice specific to your situation.