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PUBLIC BAR ASSOCIATION

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ICE Interactions

Your constitutional rights if stopped by immigration enforcement at home or work.

Understanding your constitutional rights when interacting with Immigration and Customs Enforcement (ICE).

Important Disclaimer

The Public Bar Association (PBA) provides this for educational purposes only. This is not legal advice. Every situation is different. Consult with a qualified immigration attorney.

If ICE Comes to Your Home

  • Do not open the door. You do not have to open the door unless ICE agents show you a warrant signed by a judge.
  • Ask them to slide the warrant under the door or hold it up to a window. An administrative warrant (Form I-200 or I-205) does not allow them to enter your home without consent.
  • If they force their way in, do not resist physically. State clearly: "I do not consent to this search."

If You Are Stopped in Public

  • You have the right to remain silent. You do not have to answer questions about where you were born or your immigration status.
  • Ask, "Am I free to go?" If they say yes, walk away calmly.
  • Do not lie or show false documents. It is better to remain silent.

If ICE Comes to Your Workplace

  • Do not run. Running can be used as a reason to arrest you. Stay calm.
  • If ICE enters a private area (like a kitchen or factory floor), they need a judicial warrant. You have the right to remain silent.
  • Do not sign any documents without speaking to a lawyer.

Sensitive Locations

ICE generally avoids carrying out enforcement actions at "sensitive locations" unless there are exigent circumstances. These include:

Schools
Hospitals
Places of Worship
Funerals/Weddings

Creating a Family Safety Plan

1. Important Documents

Keep passports, birth certificates, medical records, and alien registration numbers (A-Numbers) in a safe, accessible place. Give copies to a trusted friend.

2. Childcare Plan

Designate a trusted adult to care for your children if you are detained. Ensure they have a "Power of Attorney" for childcare if required by your state.

3. Legal Contact

Memorize the phone number of a lawyer or a legal aid organization. Have your loved ones memorize it too.