Immigration and Customs Enforcement agents have been making themselves known in communities across the state and country. These agents may use tactics that appear illegal or unjust, so it’s important to know: what rights do you actually have in the event of confrontation by an ICE agent?
Recording and photographing ICE agents is protected under the First Amendment. You may record as desired, but it’s best to keep a distance and stay out of the agents’ way. If you try to obstruct or interfere with ICE as you’re recording, you may risk being put in danger. If someone tries to confiscate your phone or view any of its contents, they need a warrant in order to do so.
In the event that an ICE agent comes to your house trying to enter, you have the right to keep your door closed and not let them in. All ICE agents need a valid judicial warrant to enter somebody’s home. A judicial warrant must include the resident’s name, a description of what will be searched and a signature from a judge. Judicial warrants are clearly labeled with the name of a court and titled “SEARCH AND SEIZURE WARRANT.”
You may ask the agent to slide the warrant under the door instead of opening it. An ICE agent cannot enter your home with just an administrative warrant, which is a warrant signed only by an ICE officer. An administrative warrant will often say “U.S. Department of Homeland Security” at the top and “Warrant for Arrest of Aliens,” unlike a judicial warrant.
If ICE enters your home through force and without a warrant, physically fighting back or resisting might result in criminal charges or bodily harm. You may exercise your right to stay silent and record the situation unfolding. You may also ask them to leave and state that you do not consent to a search, and while this may not stop them, it could help your case if you choose to contact a lawyer. It’s also important to not lie to these agents, which can lead to more criminal charges on your end.
In the event of an encounter while in your vehicle, you are obligated to pull over if asked to by any law enforcement officer, even ICE agents. Drivers may be required to show their license to the official, but no other passengers have to. You always have the right to remain silent in these circumstances. You can always ask for an officer’s identification, along with asking if you are being detained or free to go. Once again, ICE is not allowed to search your vehicle without a search warrant, although they may try to anyway.
You also have the right to not answer questions about your immigration status. You are not required to give ICE travel documents without a warrant. If you are placed under arrest you have the right to not answer any questions until you have a lawyer. It is advised not to give ICE agents any fake or invalid documents. If you are a U.S. citizen, you should tell the agent this, because ICE does not have the jurisdiction to arrest U.S. citizens. If you are detained, you are required to provide a valid ID.
Overall, it’s important to stay calm and collected if approached by ICE. ICE may not search your home, vehicle or belongings without a proper warrant. You always have the right to remain silent in these situations, and it’s best to never physically resist or get involved for your own safety.
