Know Your Rights – If ICE Stops or Detains You
Everyone living in the United States, including undocumented immigrants, has certain constitutional rights. If you are undocumented and Immigration and Customs Enforcement (ICE) agents come to your door, it is important to understand the rights available to you.
You Are Not Required to Open the Door
You do not have to open the door or allow immigration agents into your home unless they have a valid search warrant signed by a judge.
An ICE deportation warrant is not the same as a judicial search warrant. If that is the only document the agents have, they cannot legally enter your home unless you give them permission to do so.
If agents claim they have a warrant signed by a judge, ask them to slide it under the door or hold it up to a window so you can review it.
If the warrant does not contain your correct name or address, or if it is not signed by a judge, you are not required to open the door or let them enter.
If you choose to speak with agents, you do not need to open the door. You may speak with them through the door or step outside and close the door behind you.
You Have the Right to Remain Silent
You are not required to answer questions from immigration officers.
If officers ask for your name, you should provide your correct name. Do not use a false identity. However, you do not have to answer questions about:
- Where you were born
- How you entered the United States
- Your immigration status
You may choose to remain silent.
You also have the right to refuse to present documents that reveal your country of origin.
Do not provide false documents or make false statements.
You Have the Right to Speak With an Attorney
If you are detained or taken into custody, you have the right to contact an attorney and request communication with legal counsel.
The process for obtaining a phone call may take time, and in detention cases, time is often critical. Request a copy of the ICE National Detainee Handbook to learn about the rules and procedures of the detention facility.
Even if you do not currently have an attorney, you can tell immigration officers that you wish to speak with one.
If you do not have legal representation, ask a family member to contact an immigration attorney on your behalf.
You may refuse to sign any documents until you have had an opportunity to consult with an attorney.
If you decide to sign a document without first speaking to a lawyer, make sure you fully understand what the document says and what its consequences may be.
Phone Calls While in Detention
The ability to make phone calls depends on the policies of the specific detention facility. In general, detainees may be able to make calls using a prepaid account or through collect calls.
For more information, access the resource:
Know Your Rights – If ICE Stops or Detains You
https://latorrelaw.com/es/wp-content/uploads/sites/8/2025/03/Conozca-sus-derechos-Si-ICE-te-detiene-.pdf
This information is provided for educational purposes only and does not constitute legal advice. You should not act or rely on any information contained in this guide without consulting a qualified and licensed immigration attorney. For more information or to schedule a consultation with one of our immigration attorneys, call 1-800-966-6769.
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