Protecting Immigrant Families: Understanding Your Rights During ICE Encounters

Over the past few weeks, we’ve learned of new ICE enforcement actions that have impacted longtime immigrant community members—many of whom have no criminal records. One heartbreaking case involves a mother of three U.S. citizen children who has lived in the U.S. for over 20 years, contributed as a taxpayer, and built a life here. She came to this country seeking asylum and was issued a deportation order after losing her asylum case. Despite having a clean record and a pending appeal in the Second Circuit, seeking newly available relief, ICE recently showed up at her apartment and detained her.

Unfortunately, she is not alone. We are seeing a troubling rise in arrests of individuals with no prior criminal convictions—people who may have been issued removal orders years ago but have lived peacefully in their communities ever since. These actions are alarming and have created renewed fear among immigrant families.

Know Your Rights During ICE Encounters

Whether at your home, on the street, or elsewhere—remember these critical rights:

If ICE comes to your door:

Do not open the door. Ask them to slip any warrant under the door. They can only enter with a judge-signed warrant (which they rarely have). Clearly state: “I do not consent to entry or a search.”

If ICE asks you questions:

You have the right to remain silent. You do not have to answer questions about your immigration status, and you should never lie or falsely claim citizenship.

If asked for immigration documents:

If you’re a U.S. citizen, you don’t have to show anything. Immigrants 18+ with valid documents must carry them. If you don’t have documents, you still have the right to remain silent—but understand this may lead to arrest.

If you’re arrested:

You have the right to speak to a lawyer and should not sign anything without understanding it. Don’t waive your rights. Ask to speak with your consulate if needed.

If you or someone you know is affected by ICE enforcement actions or has concerns about immigration status, it's crucial to take action immediately to protect your rights. Consult with an experienced immigration attorney to understand your options and next steps. For immediate assistance, please contact us or call our Immigration Emergency Hotline at 347-897-6199.

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