Who is at risk of being arrested by ICE?
•Anyone without lawful immigration status
•People with status (e.g., lawful permanent residents, refugees and visa holders) who have certain criminal convictions. Someone with legal status may be a target even if: Your conviction is from years ago; You didn’t serve time in jail; Your case was minor or a misdemeanor; You’ve been an LPR for a long time; and/or All the other members of your family are US citizens.
Are ICE agents approaching anyone they think they can deport?
ICE agents usually identify the person they want to arrest ahead of time. Then, they go to homes, courthouses, shelters and even workplaces to look for that person. Increasingly, they are waiting on the street to make the arrest.
If I know I’m at risk, what can I do?
•Make a plan with your loved ones in case you are picked up by ICE!
•Talk to a lawyer before you apply to change your immigration status, renew your greencard, or travel outside of the United States!
What should I do if ICE agents approach me on the street or in public?
When ICE agents arrest someone in public, it typically happens quickly. They may call your name out loud and ask you to confirm your name and then detain you.
•Before you say your name or anything else, ask, “AM I FREE TO GO?” If they say YES: Say, “I don’t want to answer your questions” or “I’d rather not speak with you right now.” Walk away.
•If they say NO: Use your right to remain silent! Say, “I want to use my right not to answer questions” and then “I want to speak to a lawyer.”
•If ICE starts to search inside your pockets or belongings, say, “I do not consent to a search.”
•DON’T LIE or show false documents. Don’t flee or resist arrest.
•Don’t answer questions about your immigration status or where you were born. They will use any information you provide against you. Do not hand over any foreign documents such as a passport, consular IDs, or expired visas.
If officers come to my home, will I know they are from ICE?
Not always! Beware: ICE agents often pretend to be police and say they want to talk to you about identity theft or an ongoing investigation.
Can ICE agents enter my home to arrest me?
No. If ICE agents do not have a warrant signed by a judge, they are not supposed to enter a home without permission from an adult. Opening the door when they knock does not give them permission to enter your home.
So, what do I do if officers are at my door?
•Find out if they are from DHS or ICE. Try to stay calm. Be polite. Don’t lie. Say “I don’t want to talk to you right now.” Politely ask to see a warrant signed by a judge and to slip it under the door. If they don’t have one, decline to let them in.
•If they are looking for someone else, ask them to leave contact information. You don’t have to tell them where to find the person and you should not lie.
What can I do if ICE is inside my home to make an arrest?
•Ask them to step outside unless they have a warrant signed by a judge.
•If they came inside without your permission, tell them “I do not consent to you being in my home. Please leave.” If they start to search items in your home, say “I do not consent to your search.”
What are my rights if I am being arrested by ICE?
•You have the right to remain silent. You have the right to speak to a lawyer.
•You do NOT have to share any information about where you were born, what your immigration status is, or your criminal record. Ask to speak to a lawyer instead of answering questions.
• You do NOT have to give them your consular documents or passport unless they have a warrant from ajudge.
• You do not have to sign anything. Thanks to immigrantdefenseproject.org