Regardless of immigration status, everyone in the United States has constitutional rights under the Fourth and Fifth Amendments. You cannot be punished for exercising them. Silence is your most powerful tool — and knowing exactly what to say and what never to say can change the outcome of an encounter.
If stopped on the street: Stay calm. Do not run. Ask immediately: "Am I free to go?" If the answer is yes, walk away calmly. If the answer is no, you are being detained. State: "I am exercising my right to remain silent. I want to speak with an attorney." Say nothing else.
You are not required to answer questions about where you were born, how you entered the U.S., or how long you have been here. These are the exact questions that agents will use to build a case for removal. Silence cannot be used against you in removal proceedings the same way statements can.
In "stop-and-identify" states, you may be required to provide your name. In other states, you are not. Providing your name does not require you to answer any other questions.
Do not open your door. This is the single most important thing. ICE cannot legally enter your home without a judicial warrant signed by a federal judge. Administrative warrants (Form I-200 or I-205) do not authorize entry. Ask through the closed door: "Do you have a warrant signed by a judge?"
If they say yes: ask them to slide it under the door or hold it to the window. Read it carefully. A valid judicial warrant will say "United States District Court" at the top, will have a judge's signature, and will name a specific person and address. An ICE administrative warrant does not meet this standard.
If they do not have a judicial warrant, say: "I do not consent to entry. Please leave." You do not have to say anything else. Do not open the door even slightly. Do not argue. If they force entry, do not physically resist — say loudly: "I do not consent to this entry."
If ICE enters your workplace with a judicial warrant naming specific individuals, agents may detain those individuals. If the warrant does not name you, you are not required to identify yourself or answer questions. Stay calm. Do not run.
You have the right to remain silent. Say: "I am exercising my right to remain silent. I want to speak with an attorney." If an employer tries to have you speak with agents, you can refuse. Your employer cannot consent to ICE questioning you on your behalf.
If you are detained during a workplace raid, you will likely be taken to a detention facility. Do not sign any documents until you have spoken with an attorney. You have the right to make a phone call — use it to call your attorney.
If detained, you have the right to a hearing before an immigration judge. Do not waive this right — and do not sign Form I-826 (Notice of Rights and Requests for Disposition) without consulting an attorney, as signing can waive important rights.
You have the right to make a phone call. Call your attorney first. If you do not have one, call a legal aid organization (see emergency contacts). You do NOT have a right to a government-appointed attorney in immigration proceedings — but many organizations provide free representation.
You or your family can request a bond hearing. A judge can set bond to allow you to be released while your case proceeds. Bond can be requested even if ICE says you are not eligible — an attorney can file a motion.