In 2025, U.S. Immigration and Customs Enforcement (ICE) more than doubled its workforce, expanding from 10,000 to 22,000 agents and officers, and the hiring push isn’t over. New recruits are being offered $50,000 signing bonuses and up to $60,000 in student loan forgiveness.
According to The Washington Post, ICE is spending $100 million on what it calls a “wartime recruitment” strategy, recruiting people at gun shows, NASCAR races, UFC events, and from areas around military bases. The result is a larger, militarized ICE presence in our cities and a higher likelihood that you or someone you know will encounter them. That’s why it’s critical for you, your family, and your community to know your rights if that happens.
It’s important to remember that with respect to the recent actions taken by ICE, U.S. citizens, legal immigrants, and undocumented immigrants enjoy the same rights enshrined in the Constitution.
Key Rights If You Are Approached by ICE
Right to Remain Silent: You don’t have to answer questions about your citizenship or birthplace. Clearly state, “I wish to remain silent and ask for a lawyer.”
Right to Refuse Searches: Say, “I do not consent to a search,” for your person or belongings unless they have a warrant, but don’t physically resist if they search anyway.
Right to a Lawyer: You have the right to speak with an attorney; you can demand one if detained.
Right to Know if You’re Free to Leave: If approached in public, ask if you are free to go. If they say yes, leave calmly.
Right to a Warrant for Home Entry: ICE generally needs a judicial warrant signed by a judge to enter your home; demand to see it.
What to Do
If an Officer Knocks on Your Door: Do not open the door. Officers must have a warrant signed by a judge to enter your home. ICE “warrants” are not signed by judges; they are ICE forms signed by ICE officers, and they do not grant authority to enter a home without consent of the occupant(s). National Immigration Justice Center.
Stay Calm: If approached by ICE, don’t run, resist, or fight, even if you feel your rights are violated; document everything if safe to do so.
Identify Agents: Ask if they are police or immigration officers (ICE/CBP). Ask for their name(s).
Don’t Lie or Use False Docs: Lying or providing fake documents is a serious offense and grounds for deportation.
Call for Help: You have the right to make calls if detained.
Common Mistakes When Being Approached by ICE
Mistakes at Your Door
Opening the Door: You don’t have to open your door for ICE unless they have a judicial warrant (signed by a judge, not just an ICE official).
Giving Consent: Opening the door, even a crack, or allowing agents to see inside can be seen as consent to enter.
Believing Ruses: Agents might pretend to be police or use other tricks to get you to open the door or let them in.
Mistakes During Interaction
Talking: Do not answer questions; you have the right to remain silent. Clearly state, “I wish to remain silent, and I want a lawyer”.
Lying: If you do speak, don’t lie, as it can be used against you.
Signing Documents: Never sign anything without a lawyer present.
Running/Fleeing: Running or resisting can escalate the situation and lead to more serious consequences.
Not Knowing Your Rights: Failing to know that ICE administrative warrants don’t authorize home entry without consent is a major error.
Additional Resources
We recommend these easy-to-understand resources from the American Civil Liberties Union (ACLU) to help you exercise your Constitutional rights when confronted by law enforcement.
Immigants’ Rights
This website explains how you should respond to different actions taken by police, ICE, and Border Patrol. Visit website.
How to Respond to ICE
These videos, translated into different languages, describe the most likely scenarios immigrants will face when confronted by ICE and how to handle them. Watch videos.
