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LSNJ LAW Home > Legal Topics > Immigration > General Information

Interactions With ICE—Know Your Rights

 

These rights apply specifically to interactions with ICE officers/agents, who are different from police officers.

In any contact that you have with ICE, whether at home, during a raid, or in public:

  • You have the right to remain silent.

  • You have the right to speak to a lawyer (but note: the government will not provide you a lawyer).

  • You have the right not to share any information/documentation or answer questions about where you were born, your immigration history, your criminal record (if any). Anything you share may be used against you by ICE or other immigration authorities.

  • You have the right not to sign anything without speaking to a lawyer.

  • You should not lie or provide any false/fake documentation.

If ICE comes to your home:

  • You do not have to answer the door unless ICE shows you a warrant that is signed by a judge and has the correct names or addresses. (They can slide it under the door or hold it up to a window.) If the document is not signed by a judge or does not have correct names or addresses, ICE has no authority to use it to enter your home. A “warrant” signed only by an ICE immigration officer is not enough: see here for examples.

  • If you can do so safely, get the officers’ names and badge/ID numbers.

If ICE stops you in public:

  • Ask “Am I free to go?” 
    • If they say yes, then you should leave and politely say: “I do not want to answer any questions”
    • If they say no, or if you do not feel you can leave safely, say: “I do not want to answer any questions. I want to speak with an attorney”

  • Do not say yes or give permission to being searched.

  • Do not run or try to fight the officers.

It is important to prepare in advance in case an encounter with ICE leads to you or your loved one being detained. General recommendations can be found at Interactions With Ice—Be Prepared.