If you encounter U.S. Immigration and Customs Enforcement (ICE), you have constitutional rights even if you are undocumented. An attorney can help you prepare for what to do if you run into ICE, know your rights, and teach you to assert those appropriately. For example, you may have the right to refuse to answer ICE’s questions and demand to speak to an attorney.
Likewise, you may not have to let them in your house or answer the door unless they have a valid search warrant.
Getachew & Ansari Immigration Attorneys, P.C., is a full-service immigration law firm that dedicates its resources, knowledge, and time to helping people at all stages of the immigration process. We can teach you what your rights are if you encounter ICE, help you defend yourself in deportation or removal proceedings, or seek other immigration-related relief on your behalf.
Why It Is Essential To Know Your Rights When Encountering ICE
Knowing your rights when you encounter ICE can help you take appropriate steps to limit the possible negative outcomes you may experience when interacting with agents. Everyone on U.S. soil may have constitutional rights, including the right to refuse to answer questions about their immigration status or other matters, the right to talk to an attorney, and the right to refuse to let ICE officers into their homes or cars if ICE does not have a valid search warrant. What their rights are depends on the situation and any applicable state laws that may apply.
The United States Immigration and Customs Enforcement Agency (ICE) is a law enforcement agency created to enforce immigration laws. They can investigate cases where people are undocumented in the United States or are in violation of U.S. immigration laws. If they have a valid search warrant or witness a live crime, ICE may arrest people, question them, and search their homes or cars. However, like the state police departments in the U.S., they have to respect someone’s constitutional rights.
What Are Your Rights When Talking to ICE?
The United States Constitution protects people against different actions by those who work for the United States government. ICE is a government agency in the United States, so they have to follow the constitution.
Under United States law, immigrants of all statuses—even if they are undocumented—have some of the same constitutional rights as full United States citizens. As an immigrant, some of your rights may include:
- The right to remain silent and refuse to answer questions
- The right to talk to an attorney and be provided one at no cost to you
- The right to be free of being arrested or having your property searched or taken away from you unless officers have a warrant
- The right to due process, meaning that you get full and fair notice and court process before the government takes something away from you or puts you in prison
If you think ICE violated your rights or are worried about ICE talking to you and your family, reach out to a seasoned immigration lawyer. They can learn about your case and help you take steps to protect you.
Does ICE Need a Warrant To Talk to You or Go Into Your House?
ICE may not need a warrant to have a casual conversation with you in public unless they are arresting you. If they are detaining you or putting you under arrest, they would need a warrant first.
You do not have to answer their questions in some situations; however, it is a good idea to be direct and non-violent when you encounter them. For example, even if you do not think they have a right to talk to you, running away from them or getting into a physical fight with an ICE officer may not be wise.
You do not have to answer the door if ICE knocks on it, and you do not have to let them in. The exception to this is if ICE officers have a valid search or arrest warrant.
What To Do If ICE Comes to Your Door
If ICE comes to your door, it is a good idea to stay calm and decide if you are going to answer. If the ICE agents do not have a valid warrant to search your house or arrest you, they may not have the authority to come into the house unless you give them permission by answering the door and letting them in.
You can tell the ICE officers that you are exercising your constitutional rights. You can contact an immigration attorney to talk to them about ICE coming to your door, determining what ICE wants, and planning the next steps.
How To Stay Informed About Your Rights If You Encounter ICE
Immigration laws can change frequently, especially as new administrations take over the United States government. Because of this, it can be challenging to know updated information about immigration policies and what your rights are.
One of the ways you can stay informed about your rights is to read publications from organizations like the American Civil Liberties Union, which gives frequent updates on immigration policy changes. You can also speak with immigration attorneys. They can help by explaining current laws to you and providing personalized legal recommendations for your immigration matters.
Contact an Experienced Immigration Lawyer at Getachew & Ansari Immigration Attorneys, P.C. If You Encounter ICE
If you encounter ICE, know your rights. You may not have to talk to them, you can ask to speak to a free attorney, and you have the right to due process. Additionally, you may not have to let them into your house or car unless they have a valid warrant to arrest you or search those locations. Talk to a lawyer if you want to understand what your rights are when you encounter ICE or what to do if ICE violates your rights.
For years, the team at Getachew & Ansari Immigration Attorneys, P.C., has proudly stood by the immigrant population. Medya Ansari’s family immigrated to the United States from Iran in the early 2000s and encountered issues later on because of travel bans put in place after her father returned to Iran on a temporary trip. Medya calls on this firsthand experience to inspire her to create compassionate and effective solutions to her client’s immigration matters. Call Medya and her team today by dialing 408-292-7995 to schedule a consultation.
