Know Your Rights: If ICE Confronts You

Oct 22, 2025

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Regardless of your immigration status, you have guaranteed rights under the Constitution. Learn more here about your rights as an immigrant, and how to express them.

You can also explore our other Know Your Rights guides:

Know Your Rights

Be prepared

Make sure your family knows:

  • Your A-Number so they can find you if you get arrested;
     
  • The phone number of a trusted resource for immigration legal advice; and
     
  • Which friends and relatives can help with family obligations.

At home

  • Do NOT open your door. ICE can’t come into your home unless they have a signed search warrant or you let them in. If officers are at your door, ask them to pass the warrant under the door before you open it. An arrest warrant (or an administrative warrant of removal) is not enough to come inside you home. If ICE officers want to enter your home, they must have a valid judicial search warrant that says the officers have a right to enter or search that particular address or areas specified. If the agents don’t speak your language, ask for an interpreter.

  • Check out the warrant. Look at the top and at the signature line to see if it was issued by a court and signed by a judge. Only a court/judge warrant grants ICE permission to enter your premises. One issued by DHS or ICE and signed by a DHS or ICE employee does not. See our Know Your Rights resource on Immigration Enforcement and Warrants for more information. 

  • Do NOT resist if ICE agents force their way in. Say “I do not consent to your entry,” but do not physically resist.
     
  • Tell them you want to speak to a lawyer. ICE can use anything you say against you in your immigration case, so claim your right to remain silent! Say, “I want to speak to a lawyer and choose to remain silent.”
     
  • Do NOT sign. Be careful what you sign. ICE might ask you to sign forms agreeing to be deported without first seeing a judge.
     
  • Afraid to go back? If you get arrested and there is a final order for your deportation, be sure to let agents know if you have a fear of returning to your home country.
     
  • Find an attorney. If you get detained, don’t give up hope! Get a trustworthy lawyer and explore all options to fight deportation.
     
  • Report raids or checkpoints. See Rapid Response numbers below.
     
  • Document. If it’s possible, take photos, videos, and notes on exactly what happened. Write down badge numbers. Note if ICE interferes with your right to take photos or video.

At your workplace

  • Do NOT consent. ICE can enter areas open to the general public (dining area, parking lot, waiting room) of a business without permission. But that does not give ICE the authority to detain, question, or arrest anyone.
     
  • Know the law. Under California law, employers cannot turn over employee records or voluntarily allow immigration agents to enter non-public areas of the workplace without a judicial warrant. If agents don’t have a warrant, calmly ask them to leave. Advise workers that they have the right to remain silent and do not have to answer questions, but do not direct anyone not to answer questions.
     
  • Stay calm. Do not run, ICE can use that as a reason to arrest you. Do not encourage anyone to escape or hide.
     
  • If ICE enters your workplace state that you do not consent to a search. Ask to see the identification of any officers or agents and write down the name, contact information, and badge number. If the agent refuses to provide documentation, you should note that as well. Document any violence or abuse. Document the details of the search, and persons or property taken. Call the rapid response hotline in your area.
     
  • If ICE has a SEARCH warrant signed by a judge, make sure the warrant has the correct address for your workplace. Review the warrant to see what areas and items ICE is authorized to search. ICE is not authorized to search areas or inspect items that are not described in the warrant.

In transit

How to reduce risk to yourself

  • Stay calm. Don’t run, argue, or obstruct the officer or agent. Keep your hands raised where they can see them.
  • If you are in a car, pull over in a safe place as quickly as possible. Turn off the engine, turn on the internal light, open the window part way and place your hands on the wheel. Upon request, show police your driver's license, registration, and proof of insurance.
  • If you are not a U.S. citizen and an immigration agent requests your papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.

Your rights in a car:

  • Drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, calmly leave.
  • If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police generally believe that your car contains evidence of a crime, your car can be searched without your consent.
  • In addition to police, Border Patrol conduct “roving patrols” around the interior of the U.S., pulling over motorists. Border Patrol must have reasonable suspicion that the driver or passengers in the car committed an immigration violation or a federal crime.
  • Any arrest or prolonged stop by Border Patrol requires probable cause. You may ask the agents about the basis for probable cause, and they should tell you. In this situation, both the driver and any passengers have the right to remain silent and not answer questions about their immigration status.

On an airplane:

  • A pilot may refuse to fly a passenger if he or she reasonably believes that the passenger is a threat to flight safety. A pilot may not, however, question you or refuse to allow you on a flight because of bias based on your religion, race, national origin, gender, ethnicity, or political beliefs.
  • If you believe you are mistakenly on a “no-fly” list, you should review our guidance on No-Fly lists here.

On buses and trains:

  • Border Patrol agents may board buses and trains in the 100-mile border region either at the station or while the bus is on its journey. More than one officer usually boards the bus, and they will ask passengers questions about their immigration status, ask passengers to show them immigration documents, or both.
  • These questions should be brief and related to verifying one’s lawful presence in the U.S. You are not required to answer and can simply say you do not wish to do so. As always, you have the right to remain silent.

If you believe your rights were violated

  • Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any other details. Get contact information from witnesses.
  • If you’re injured, seek medical attention immediately and take photographs of your injuries.
  • File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously.

If you're stopped by police or ICE

How to reduce risk to yourself

  • Stay calm and do not resist or obstruct the agents or officers.
  • Do not lie or give false documents.
  • Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.

Your rights

  • You have the right to remain silent. If you wish to exercise that right, say so out loud. (In some states, you may be required to provide your name if asked to identify yourself.)
  • You do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon.
  • If you are arrested by police, you have the right to a government-appointed lawyer.
  • If you are detained by ICE, you have the right to consult with a lawyer, but the government is not required to provide one for you. You can ask for a list of free or low-cost alternatives.
  • You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)

What to do if you are arrested or detained

  • Say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. Don't say anything, sign anything, or make any decisions without a lawyer.
  • If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer.
  • If you have been detained by ICE, you have the right to contact your consulate or have an officer inform the consulate of your detention.
  • Remember your immigration number ("A" number) and give it to your family. It will help family members locate you.
  • Keep a copy of your immigration documents with someone you trust.
  • If you are a non-citizen: Ask your lawyer about the effect of a criminal conviction or plea on your immigration status. Don't discuss your immigration status with anyone but your lawyer. While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer. Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.

If you believe your rights were violated

  • Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.
  • If you’re injured, seek medical attention immediately and take photographs of your injuries.
  • File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.

Finding someone in detention

To find someone who has been detained, access ICE’s online detainee locator at https://locator.ice.gov or call the Northern California field office at (415) 844-5512.

If you're arrested and need to challenge a deportation order

Your rights

  • You have the right to a hearing to challenge a deportation order, unless you waive your right to a hearing, sign something called a “Stipulated Removal Order,” or take “voluntary departure.”
  • You have the right to an attorney, but the government does not have to provide one for you. Ask for a list of free or low-cost alternatives. If you have no lawyer, ask the court to allow you time to find one.

What to do if you are arrested

  • If you are told that you do not have the right to see an immigration judge, you should speak with a lawyer immediately. There are some cases in which a person might not have a right to see an immigration judge. But even if you are told that is your situation, you should ask to speak to a lawyer immediately because Immigration officers will not always know or tell you about exceptions might apply to you.
  • If you fear persecution or torture in your home country, tell an officer and contact a lawyer immediately. You have additional rights if you have this fear.

If you're detained while your immigration case is underway

Also see: Your rights at immigration court

Your rights

  • Most people who are detained while their case is underway are eligible to be released on bond or with other reporting conditions.
  • You have the right to call a lawyer or your family if you are detained, and you have the right to be visited by a lawyer in detention.
  • You have the right to have your attorney with you at any hearing before an immigration judge.

What to do if you are detained

  • If you are denied release after being arrested for an immigration violation, ask for a bond hearing before an immigration judge. In many cases, an immigration judge can order that you be released or that your bond be lowered.

If you're detained near the border by Border Patrol

How to reduce risk to yourself

  • Stay calm when interacting with immigration officials. Do not lie or provide false documents.
  • Never flee from an immigration checkpoint.

Your rights

  • You have the right to remain silent. You can also tell the agent that you’ll only answer questions in the presence of an attorney, no matter your citizenship or immigration status.
  • You do not have to answer questions about your immigration status. A limited exception exists for people who have permission to be in the U.S. for a specific reason and for a limited amount of time (a “nonimmigrant” on a visa, for example). These individuals are required to provide information about their immigration status if asked.
  • Generally, a Border Patrol agent cannot detain you unless they have “reasonable suspicion” that you are committing or committed a violation of immigration law or federal law.
  • An immigration officer cannot arrest you without “probable cause.” That means the agent must have facts about you that make it probable that you are committing, or committed, a violation of immigration law or federal law.
  • At immigration checkpoints, agents do not need any suspicion to stop you and ask you questions, but their questions should be brief and related to verifying immigration status. They can also visually inspect your vehicle.

What to expect

  • People who have entered the U.S. without inspection by an immigration official may be subject to expedited removal from the U.S. based on certain criteria. If you are told that you are subject to expedited removal, ask for the stated reason. Also, if you fear persecution if returned to your country of origin, you should immediately inform the agents of your fear.
  • At border crossings, federal authorities do not need a warrant or even suspicion of wrongdoing to justify conducting what courts have called a "routine search," such as searching luggage or a vehicle.
  • If an agent asks you for documents, what you need to provide differs depending on your immigration status. U.S. citizens do not have to carry proof of citizenship if they are in the U.S. If you have valid immigration documents and are over the age of 18, the law requires that you to carry those documents with you. If you are asked by an immigration agent to produce them, show them to the agent. If you are an immigrant without documents, you can decline the officer’s request, although an agent may then ask you more questions.

Northern California Local Rapid Response Hotlines

The following are hotline numbers for local rapid response networks. These numbers are meant for EMERGENCIES ONLY to report ICE activity and enforcement actions.

Additional resources