The most important things to remember if you encounter ICE or other immigration officials:

• Try to stay calm when interacting with immigration officials or police
• Do not run, argue, resist, or obstruct the officers, even if you believe your rights are being violated.
• Do not lie or provide false documents.
• You have the right to remain silent, and you should say “I choose to remain silent” to exercise this right.
• For any non-citizen over 18 years old, you are required to carry your immigration papers with you.
• If you are arrested or detained, you have the right to hire an attorney.
• ICE agents must have a valid search warrant signed and dated by a judge to search your home or any non-public spaces at place of employment.

What to do if an immigration agent asks to see my documents?

• US citizens: If you are a US citizen you are not required to carry proof of citizenship while you are in the US.
• Non-citizens: If you have valid immigration documents and are over the age of 18, the law requires that you carry these documents with you.
  o If you are asked by an immigration agent to show your documents, you must do so.
• Non-citizens without documentation/status: If you are an immigrant without documents, you can decline the officer’s request to show your documents. Be aware that the agent may then ask you more questions.

ICE Raids

What is an ICE Raid?

An ICE Raid is when ICE agents go to a worksite without warning as part of an investigation into an employer.

ICE agents are not police officers, but their uniforms may say “Police” or “Federal Agent.”

What should I do if ICE shows up at my home?

All people living in the United States, including undocumented immigrants, have certain U.S. Constitutional rights. If you are undocumented and immigration (ICE) agents knock on your door, know that you have the following rights:

• You do not have to open the door or let the officers into your home unless they have a valid search warrant signed by a judge.
• An ICE deportation warrant is not the same as a search warrant. If they only have an ICE deportation warrant, they cannot legally come inside unless you verbally agree to let them in.
• If the officers say they have a search warrant signed by a judge, ask them to slide it under the door or hold it up to a window so you can see it.
• If the warrant does not have your correct name and address on it and is not signed by a judge you do not have to open the door or let them inside.
• If at any point you decide to speak with the officers, you do not need to open the door to do so. You can speak to them through the door or step outside and close the door.
• You have the right to remain silent. You do not need to speak to the immigration officers or answer any questions.
• If you are asked where you were born or how you entered the United States, you may refuse to answer or remain silent.
• If you choose to remain silent, say “I choose to remain silent.”
• You may show a know your rights card to the officer that explains that you will remain silent and wish to speak to a lawyer.
• You may refuse to show identity documents that say what country you are from.
• Do not show any false documents and do not lie.
• Remember that anything you tell an officer can later be used against you in immigration court.
• You have the right to speak to a lawyer. If you are detained or taken into custody, you have the right to seek an attorney and to receive a phone call from your attorney. Ask for a copy of the Detainee Handbook to understand the Detention Center’s rules.
• Even if you do not have a lawyer, you may tell the immigration officers that you want to speak to one.
• If you have a lawyer, you have the right to talk to them. If you have a signed Form G-28, which shows you have a lawyer, give it to an officer.
• If you do not have a lawyer, ask an immigration officer for a list of pro bono lawyers.
• You also have the right to contact your consulate. The consulate may be able to assist you in locating a lawyer.
• You can refuse to sign any/all paperwork until you have had the opportunity to speak to a lawyer.
• If you choose to sign something without speaking to a lawyer, be sure you understand exactly what the document says and means before you sign it.
• You have the right to speak to request to make a phone call to family members or friends for free if you do not have enough money in your account after 10 days.

What to do if DHS or ICE comes to my workplace for a worksite enforcement investigation?

Employee’s rights:

• You have the right to remain silent and the right to an attorney.
• You do not need to answer questions about your immigration status, where you were born, or how you entered the United States.
• You may exercise your right to remain silent and may ask to speak to an attorney.
• You may refuse to show identity documents that disclose your country of nationality or citizenship.
• You can tell the officers they need to speak to your employer.
• If an officer/agent asks to see your immigration papers, you are required to show your papers if you have them with you.

What will happen during a workplace investigation/worksite visit?

• An agent will serve the search warrant (if they have one) on a receptionist or company representative and alert other agents to enter.
• The agents may demand that equipment be shut down and that no one leave the premises without permission.
• The agents may move employees into a contained area for questioning.
• If agents ask employees to stand in groups according to status, you do not need or move, or you can move to an area that is not designated for a particular group.

Public areas

• Immigration officers are permitted to enter any public areas of your workplace but must have a valid search warrant or the employer’s consent to enter non-public areas.
• Being in public does NOT give ICE authority to stop, question, or arrest just anyone.

Non-Public areas

• For ICE or DHS to enter and search non-public work areas, they must be in possession of a valid warrant that is signed and dated by a judge.
• The warrant will include a timeframe within which the search must be conducted, a description of the premises to be searched, and a list of items to be searched for and seized (e.g., payroll records, employee identification documents, Forms I-9, SSA correspondence, etc.).

I-9 Audits

• A form I-9 audit is when ICE comes to a business to check if the employer followed the rules for Form I-9 (confirming a worker’s identity and authorization to work in the US)

Travel

• Admission into the US with an I-512 Advance Parole document remains discretionary and is not guaranteed.

Different rights at the border and airports/checkpoints:

• Customs officers at the border and at the airport have authority to ask your immigration status to determine whether you have the right to enter the country.
• If you are a US Citizen, you only need to answer routine questions establishing your identity and citizenship, although refusing to answer questions about the nature and purpose of your travel could result in delay and/or further inspection.
• If you are a lawful permanent resident (LPR) who has maintained your status, you only need to answer questions establishing your identity and permanent residency.
  o Refusal to answer other questions will likely cause delay but officials may not deny you entry into the US for failure to answer other questions.
• If you are a non-citizen visa holder or visitor, you may be denied entry into the US if you refuse to answer officers’ questions.
• Law enforcement can stop, detain, or search you if they have ‘reasonable suspicion’ that you are involved in criminal activity.
• Law enforcement have the authority to ask you about your immigration status, the purpose of your visit, and other questions to determine whether you have permission to enter the US.
• You do NOT have the right to an attorney when you are being questioned about your immigration status.
  What to do if you are arrested or detained by immigration?
• You should assert your rights. Carry a Know Your Rights card with you and hand it to the arresting agents.
• You have the right to remain silent.
• You have the right to ask for a lawyer. If you are detained by ICE or Border Patrol, you have the right to hire a lawyer, but the government does not have to provide one for you. Ask for a list of free or low-cost alternatives.
  o If you are arrested by the police, you have the right to a government-appointed lawyer and should ask for one immediately. Note: if you are arrested by ICE or Border Patrol, you do not have the right to a government-appointed lawyer.
• You have the right to call a lawyer or your family.

I believe that my rights have been violated. What should I do?

• 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 are 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.

Additional Resources:

Print your own Red Cards/Know Your Rights Cards: Red Cards / Tarjetas Rojas | Immigrant Legal Resource Center | ILRC

Resources – National Immigration Law Center

NELP_EmployerGuide_Eng_2025_Final-.pdf

Know Your Rights | Enforcement at the Airport | ACLU

Know Your Rights | Immigrants’ Rights | ACLU