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Getting Stopped or Picked Up by ICE: Know Your Rights

by | Apr 10, 2025 | Immigration Law Blog

President Trump ended the enforcement priority system put in place by President Obama and modified by President Biden, which classified targets for removal based upon the seriousness of their crimes, among other factors. While during the first term of President Trump, immigration arrests appeared to be largely indiscriminate, the current term appears to focus on people who entered the United States through a parole program, students who engaged in controversial political protests, foreign nationals with criminal history, foreign nationals who engaged in fraud, and people denied benefits by USCIS. Even though the administration prioritizes certain groups over others, there appears to be a willingness to arrest and remove any immigration violator. Under this system, it is increasingly important for foreign nationals who are unlawfully present to understand their rights.

If agents come to your home, first and foremost, do not open the door. Ask to see a warrant. If the agents have a warrant, make them slip it under the door or through a cracked opening of a chained door. ICE agents cannot enter without your permission if they do not have a judicial warrant. Note that an administrative ICE warrant is not sufficient; it must be signed by a judge.

Once you have a copy of the warrant, check to make sure all of the information is accurate: it should have the correctly spelled name of someone in the home, it should have the exact address, be valid for the current date, etc. If any of these items are incorrect, you can refuse to open the door and request that ICE leave and only return with an accurate warrant. Should ICE have a judicial warrant with accurate information, you must let them in to search the areas listed on the warrant. At this point, cooperation is always key.

Remember, anything you say to an ICE officer, whether during a raid or in detention, can and will be used against you. If holding a legal status, it’s best to explain and carry proof of that status (such as DACA, TPS, green card holder, etc.). Under no circumstances should you ever give false or misleading information to an ICE officer. ICE is known for trying to force foreign nationals to sign their own removal. Be cordial but do not offer any more information than is necessary, and absolutely do not sign anything. Ask for the right to speak with an attorney should you come under investigation by ICE.