ICE Raids Know Your Rights: What To Do If ICE Comes to Your Door

As immigration enforcement operations expand across the United States, understanding your constitutional rights during an encounter with Immigration and Customs Enforcement is more important than ever. Whether ICE agents appear at your front door, at your workplace, or at a public checkpoint, the law provides specific protections that apply to every person on U.S. soil, regardless of citizenship or immigration status.

This guide presents established constitutional rights and practical steps based on current law. It is not legal advice for any individual case. Anyone facing an active enforcement situation should consult a qualified immigration attorney. For broader context on enforcement trends and policy changes, see our ICE raids and deportation news tracker.

Your Constitutional Rights During an ICE Encounter

The U.S. Constitution provides baseline protections that apply to all people within the country's borders. Two amendments are particularly relevant during immigration enforcement encounters: the Fourth Amendment and the Fifth Amendment.

Fourth Amendment: Protection Against Unreasonable Searches

The Fourth Amendment states that people have the right to be secure in their homes against unreasonable searches and seizures. In practical terms, this means ICE agents cannot legally enter your home without one of two things: your voluntary consent or a valid judicial warrant.

The distinction between a judicial warrant and an administrative warrant is critical and widely misunderstood. A judicial warrant is issued and signed by a federal or state judge after a showing of probable cause. It carries the full authority of the court and legally permits agents to enter a residence even without the occupant's consent. These warrants are sometimes called search warrants or arrest warrants, depending on their purpose.

An administrative warrant, by contrast, is an internal ICE document. The two most common forms are Form I-200 (Warrant for Arrest of Alien) and Form I-205 (Warrant of Removal/Deportation). These documents are signed by an immigration officer, not a judge. Under established law, an administrative warrant does not authorize agents to force their way into a private home. If agents present an I-200 or I-205 at your door, they still need your consent to enter unless they also have a separate judicial warrant.

How to tell the difference: a judicial warrant will list the issuing court and bear the signature of a judge. An ICE administrative warrant will reference immigration statutes and carry the signature of an ICE official. If a warrant is slid under the door or held up to a window, look for the judge's name and court seal. If those elements are absent, the document is likely an administrative warrant.

Fifth Amendment: Right to Remain Silent

The Fifth Amendment protects every person from being compelled to be a witness against themselves. During an ICE encounter, this means you are not required to answer questions about where you were born, how you entered the United States, what your immigration status is, or how long you have lived at your current address.

You can verbally invoke this right by saying: "I am exercising my right to remain silent. I want to speak with a lawyer." You do not need to explain further, and agents cannot legally penalize you for exercising this right. Courts have consistently upheld that remaining silent during an immigration encounter cannot be used as evidence of guilt or deportability.

One important clarification: if you are already in removal proceedings and have been ordered to appear at a hearing, failing to appear is a separate legal issue from exercising your right to remain silent during an encounter. The two situations carry different consequences.

What To Do If ICE Comes to Your Home

Home visits are among the most stressful enforcement scenarios because they happen in private space, often early in the morning, and can involve family members including children. The following steps are based on established legal guidance from immigration attorneys and civil rights organizations.

Step 1: Do Not Open the Door

You have no legal obligation to open your door to anyone, including federal agents, unless they have a valid judicial warrant. You can speak through the door or through a window. If agents identify themselves as ICE, you can ask them to state their purpose and to slide any warrant under the door so you can examine it.

Opening the door, even partially, can be interpreted as implied consent to enter. Courts have examined cases where agents placed a foot in a partially opened door or where residents stepped outside and were then detained in a common area. Keeping the door closed removes ambiguity about whether consent was given.

Step 2: Ask to See the Warrant

Request that agents show or slide a warrant under the door. Examine it for the following elements: the name of the issuing court, the signature of a judge, and the address listed on the warrant. If the warrant is an ICE Form I-200 or I-205 signed by an immigration officer rather than a judge, it does not authorize entry into your home.

If agents have a valid judicial warrant that names a specific person and lists your address, they have legal authority to enter. In that situation, do not physically resist. State clearly that you do not consent to the search, but do not block agents. Your verbal objection is legally significant and can be referenced in later proceedings.

Step 3: Do Not Sign Anything

ICE agents may present documents and request signatures. You have the right to decline to sign any document without first consulting an attorney. Signing certain forms, including voluntary departure agreements, can waive important legal rights and limit future options for relief. If you are unsure what a document says, especially if it is in a language you do not fully understand, state that you want an attorney to review it before you sign.

Step 4: Stay Calm and Document

Remaining calm is difficult in a high-stress encounter, but it serves a practical purpose. Clear communication and documented details are valuable if legal proceedings follow. If possible, note the agents' names, badge numbers, and agency affiliation. Note the time of the encounter and what was said.

You generally have the right to record interactions with law enforcement in public and in your own home, though state laws vary on audio recording requirements. Having a family member or neighbor witness the encounter can also provide useful documentation for attorneys.

What Counts as Consent to Enter

Consent is a legal concept that courts examine carefully after enforcement actions. Opening the door and stepping aside can constitute consent. Verbally inviting agents in constitutes consent. Gesturing toward the interior of the home can constitute consent. Even silence combined with an open door has been treated as consent in some court decisions.

To avoid ambiguity, state clearly through the closed door: "I do not consent to your entry." If agents enter without a judicial warrant and without your consent, state your objection verbally and do not physically resist. Your attorney can later challenge the legality of the entry in court.

Know Your Rights During a Workplace ICE Raid

Workplace raids involve a different dynamic than home encounters because the location is typically controlled by an employer rather than by the individual worker. Even so, constitutional protections travel with the person, and additional labor-law protections apply in the employment context.

Worker Protections Regardless of Immigration Status

Federal labor law protects all workers in the United States regardless of immigration status. This means that during and after a workplace raid, workers retain the right to be paid for all hours worked, including time spent during the raid itself. Employers cannot withhold earned wages because of an enforcement action. Workers also retain protections under the Fair Labor Standards Act, the Occupational Safety and Health Act, and applicable state labor codes.

During a workplace raid, workers have the right to remain silent, to decline to answer questions about immigration status, and to request an attorney. Workers are not required to show identification documents to ICE agents during a raid, though agents may ask. Presenting false documents when asked, however, carries separate legal consequences.

What Employers Can and Cannot Do

Employers who receive a Notice of Inspection (Form I-9 audit notice) are required to produce employment verification records within three business days. However, employers cannot legally fire, threaten, or retaliate against workers who exercise their rights during an enforcement action. Employers also cannot selectively target workers for termination based on perceived national origin or ethnicity during or after a raid.

In practice, the line between lawful compliance and unlawful retaliation can be difficult for workers to assess in real time. Workers who believe they have been retaliated against should document the timeline and contact a labor rights organization or employment attorney. For a detailed look at how workplace raids have played out in specific communities, see our coverage of the Kings Mountain factory ICE raid.

During the Raid: Practical Steps

If ICE agents enter your workplace, stay calm and do not run. Running can create safety hazards and may be treated as evidence of flight risk in subsequent proceedings. You can state: "I am exercising my right to remain silent and I want to speak with a lawyer." You do not need to provide your name, immigration status, or country of origin to ICE agents.

If you are detained during a workplace raid, you have the right to make phone calls. Use that opportunity to contact a family member and an attorney. Provide your full name, the location where you are being held, and any case or booking number you are given.

Know Your Rights at Checkpoints and Public Spaces

Immigration enforcement is not limited to homes and workplaces. Encounters also occur at interior checkpoints, in public spaces, on public transportation, and near government buildings. The rules differ based on location and proximity to the border.

Border Patrol Checkpoints and the 100-Mile Zone

U.S. Customs and Border Protection operates interior checkpoints within 100 miles of any U.S. external boundary, including coastlines. This 100-mile zone encompasses areas where roughly two-thirds of the U.S. population lives, including entire states like Florida, Maine, and Michigan, as well as major cities like New York, Los Angeles, Chicago, and Houston.

At fixed interior checkpoints, agents can briefly stop vehicles and ask about citizenship. You may choose to answer or to remain silent. If you remain silent, agents may detain you briefly, but they cannot conduct a prolonged search of your vehicle without probable cause or consent. At roving patrols (mobile stops away from fixed checkpoints), agents need reasonable suspicion of an immigration violation to stop a vehicle, a higher standard than at fixed checkpoints.

The legal framework for checkpoint encounters has been shaped by Supreme Court decisions including United States v. Martinez-Fuerte (1976), which upheld the constitutionality of fixed interior checkpoints, and City of Indianapolis v. Edmond (2000), which clarified limits on suspicionless checkpoint stops for general law enforcement purposes.

Rights in Public Spaces vs. Private Property

In public spaces such as sidewalks, parks, and government buildings, ICE agents can approach individuals and ask questions. However, you are not obligated to stop, respond, or provide identification unless the agent has reasonable suspicion that you have committed a violation. The practical test is whether a reasonable person would feel free to walk away. If an agent has not detained you or told you to stop, you can generally continue on your way.

On private property other than your own home, such as a friend's apartment or a private business, the property owner or tenant controls access. Agents need either the property controller's consent or a judicial warrant to enter. Your rights as a visitor include the right to remain silent and to decline to answer questions.

Schools, Hospitals, and Sensitive Locations

ICE has historically maintained a sensitive locations policy that limits enforcement actions at or near schools, hospitals, medical facilities, places of worship, funerals, weddings, and public demonstrations. Under this policy, agents are generally directed to avoid operations at these locations unless exigent circumstances exist or prior approval is obtained from supervisory officials.

It is important to understand that the sensitive locations policy is an internal agency guideline, not a statute or constitutional requirement. This means it can be revised, narrowed, or rescinded by agency leadership. As enforcement priorities shift between administrations, the scope and enforcement of this policy can change. Check current ICE policy statements and consult an attorney for the most up-to-date guidance on whether specific locations are treated as protected.

Family Safety Planning Before an ICE Encounter

Preparation does not prevent enforcement actions, but it significantly reduces the chaos that follows one. Immigration attorneys consistently report that families with a plan in place before an encounter fare better in legal proceedings and experience less disruption to children, employment, and housing.

Emergency Contact Plan

Create a written list of emergency contacts and ensure that every family member, including children old enough to use a phone, knows where the list is and how to use it. The list should include the name and number of an immigration attorney or legal aid organization, a trusted family member or friend who can take custody of children, the ICE detention reporting hotline (1-888-351-4024), and a community organization that provides rapid-response support.

Store this list in a place that is accessible even if one family member is unexpectedly absent. Some families keep copies in multiple locations: at home, with a neighbor, and with a child's school emergency contact file.

Power of Attorney for Children

If both parents or the sole custodial parent is at risk of detention, a signed power of attorney designating a temporary guardian for minor children is one of the most important documents a family can prepare. Without this document, children may be placed in temporary state custody while courts sort out guardianship, adding a separate legal proceeding on top of the immigration case.

The power of attorney should name a specific individual, include that person's contact information and relationship to the children, and be notarized. Many legal aid organizations offer free assistance with this document. Some states also have specific standby guardianship forms designed for situations where a parent may become temporarily unavailable.

Document Preparation

Gather and store copies of the following documents in a secure, accessible location that a trusted person can reach: government-issued identification (passport, consular ID, state ID, or driver's license), any immigration documents (visa, employment authorization, pending application receipts), birth certificates for all family members, children's school enrollment records, medical records and prescription information, lease or mortgage documents, pay stubs and employment records, and car registration and insurance documents.

Keep originals in a safe or lockbox and copies with a trusted contact. Digital copies stored in a secure cloud service provide an additional backup layer.

Know Your A-Number and Case Information

If you have an immigration case, your Alien Registration Number (A-number) is the single most important identifier for locating your file and tracking your case. It appears on immigration correspondence, employment authorization documents, and court notices. Memorize this number or keep it in a place where an attorney or family member can access it quickly. If you are detained, providing your A-number to an attorney allows them to locate your case in the immigration court system and begin representation far more quickly than starting from scratch.

Legal Resources and Hotlines

Multiple organizations provide free or low-cost legal assistance to people facing immigration enforcement actions. These resources are available regardless of immigration status.

National Organizations

• ACLU Immigrants' Rights Project: provides legal resources, know-your-rights materials, and litigation support for constitutional violations during enforcement actions. Visit aclu.org/issues/immigrants-rights.
• National Immigration Law Center (NILC): offers policy analysis, legal support, and advocacy resources focused on low-income immigrants. Visit nilc.org.
• American Immigration Lawyers Association (AILA): maintains a lawyer referral service to connect individuals with immigration attorneys in their area. Visit aila.org.
• United We Dream: operates a rapid-response network and provides community-level support coordination during enforcement actions.

Hotlines

• ICE Detention Reporting and Information Line: 1-888-351-4024. Available for families trying to locate a detained individual in the ICE detention system.
• ICE Online Detainee Locator: the ICE website provides a detainee locator tool that allows searches by name and country of birth or by A-number.
• National Immigrant Women's Advocacy Project (NIWAP): provides resources for individuals who are victims of domestic violence, trafficking, or other crimes and have immigration-related concerns.

State and Local Legal Aid

Many states and municipalities fund legal aid programs specifically for immigration cases. These programs often provide free representation in removal proceedings for residents who cannot afford private counsel. Contact your state bar association's lawyer referral service or search for "immigration legal aid" along with your state or city name to find local resources. Public defender offices in some jurisdictions have also expanded to cover immigration-related representation.

Legal representation matters substantially in immigration proceedings. Studies by the American Immigration Council have found that individuals with legal representation are significantly more likely to obtain relief from removal than those who appear in court without an attorney.