What to Do If You Have an Encounter with ICE

Navigating an encounter with Immigration and Customs Enforcement (ICE) can be a terrifying experience, especially for immigrants who are unsure of their rights or legal status. Whether you’re undocumented, on a visa, or even a lawful permanent resident, knowing what to do during an ICE stop is essential to protecting yourself and your family.

At Suday Law, we believe that everyone deserves to understand their rights and feel empowered in the face of immigration enforcement. Below, we break down what to do during various types of ICE encounters, what your legal rights are, and how to act calmly and safely.

1. Types of ICE Encounters

There are several common ways people may encounter ICE:

• Home raids
  
• Workplace visits
  
• Public stops
  
• Detainment at jails or detention centers
  
• Checkpoints or traffic stops
  

Each situation requires a calm, informed response. But regardless of where or how you encounter ICE, the law protects certain basic rights.

2. Your Legal Rights During an ICE Encounter

It’s vital to understand that you have rights regardless of your immigration status. These are protected under the U.S. Constitution and must be respected by ICE agents. Here are your core rights:

Right to Remain Silent

You are not obligated to answer any questions about:

• Your immigration status
  
• Where you were born
  
• How you entered the country
  

You can say:
“I am exercising my right to remain silent.”

Right to Refuse a Search Without a Warrant

ICE must have a valid judicial warrant signed by a judge to legally enter your home. Administrative warrants (ICE Form I-200 or I-205) are not sufficient to authorize entry.

You can say:
“I do not consent to your entry. Do you have a warrant signed by a judge?”

If they cannot present one, you do not have to let them in.

Right to an Attorney

If you are detained, you have the right to consult an attorney. However, ICE is not required to provide one, so you must find your own. Have the contact information of an immigration attorney—such as Suday Law—on hand at all times.

3. What to Do If ICE Comes to Your Home

ICE often shows up unannounced and may attempt to enter your residence.

Stay Calm and Don’t Open the Door

You are not legally required to open the door unless ICE presents a valid judicial warrant.

1. Ask them to slide the warrant under the door or hold it up to a window.
   
2. Look for a judge’s signature, your correct name, and address.
   
3. If the warrant is invalid, do not open the door. Tell them, politely but firmly, that you do not consent to a search.
   

Do Not Sign Anything Without a Lawyer

ICE may pressure you to sign forms or “voluntary departure” orders. Do not sign anything without legal advice, as this could result in immediate deportation or forfeiture of your rights.

4. If ICE Stops You in Public or at Work

Even if ICE approaches you in a public space or workplace, your rights remain intact.

Stay Silent and Don’t Run

Running or resisting may escalate the situation. Instead:

• Politely state:
  “I wish to remain silent and speak with a lawyer.”
  
• Do not lie or present false documents, as this can worsen your legal situation.
  

Ask If You’re Free to Leave

You can ask:
“Am I free to go?”
If the officer says yes, walk away calmly. If they say no, you are being detained and should request legal counsel immediately.

5. What to Do If You’re Detained by ICE

Being detained can feel hopeless, but there are still ways to protect your rights and fight for your case.

Do Not Waive Your Rights

ICE may try to convince you to sign forms agreeing to deportation. You have the right to a hearing before an immigration judge.

Tell them:
“I want to talk to my attorney and have a hearing before a judge.”

Contact Your Family and Lawyer

Call a trusted family member and your immigration attorney right away. Make sure your family knows:

• Where you are being held
  
• Your A-number (Alien Registration Number), if available
  
• The name of your lawyer
  

Suday Law can assist family members in locating detainees and initiating legal action quickly.

6. Planning Ahead: Protect Yourself Before an ICE Encounter

Preparation can make all the difference in an ICE encounter.

Create an Emergency Plan

• Identify a family member or friend to call if detained
  
• Memorize important phone numbers, including your lawyer’s
  
• Carry a Know Your Rights card (available from legal aid organizations)
  

Avoid Risky Situations

If you are undocumented:

• Avoid high-risk areas known for ICE presence
  
• Do not drive without a valid license
  
• Stay informed about your immigration case or pending applications
  

7. Contact an Immigration Lawyer Immediately

If you’ve had any encounter with ICE, whether at home, at work, or in public, contact an immigration attorney immediately. Time is critical, especially if someone has been detained or asked to appear before an immigration judge.

At Suday Law, we provide compassionate, strategic legal support for immigrants and their families. Our team is experienced in:

• Deportation defense
  
• Bond hearings
  
• Asylum and refugee status
  
• Family-based immigration
  
• Adjustment of status
  

Whether you are currently facing removal proceedings or want to prepare in case of an encounter, we are here to help.