Know Your Rights When ICE Stops You in Public

Every person in the United States, no matter their immigration status, is supposed to have certain constitutional rights. Do you know yours? What about if an immigration and customs enforcement (ICE) officer stops you on the street or in a public place? Would you know what to do?

The laws haven’t changed, but it’s more important than ever to understand how ICE enforces immigration law. Now more than ever, it is important to know your rights and how to exercise them when necessary

Let this serve as a resource for immigrants, citizens, and anyone who may encounter ICE while walking the streets of the United States of America.

1. Stay Calm if ICE Stops You

If ICE officers or any law enforcement agent approaches you:

1. Do not panic, run, or make sudden moves.
2. Ask directly: “Am I being arrested or detained?”
   • If the officer says no, calmly walk away.
   • If the officer says yes, do not attempt to leave.

Remaining calm helps protect you during the encounter. ICE may try to detain or arrest you, but remember that you have rights under the Constitution.

2. You Have The Right to Remain Silent

Remember, you do not have to answer questions about where you were born or how you entered the United States when asked. You are well within your rights should you choose to remain silent. If you do, repeat calmly and clearly: “I choose to remain silent.”

If you cannot speak English, state this in the language you do speak.

The right to remain silent is one of the most important constitutional rights in the USA. You cannot be forced to discuss your immigration status, your work permit, or your passport without the proper warrant or a lawyer present.

3. Guard Your Documents and Identification

If asked for documents, you are not required to show documents that prove your country of origin or immigration status. That being said, never show false documents

or say you are a U.S. citizen if you are not one. Do not provide a fake card or identification.

Providing false information can lead to deportation or interfere with your case in court. Protect yourself by refusing to share documents without legal advice.

4. Ask Speak with a Lawyer Before You Sign Anything

If detained by ICE, you do have the right to speak with a lawyer. Tell officers: “I want to speak to a lawyer.” Even if you do not have one, you should still make this request. If you already have an attorney, carry proof of representation, such as a signed Form G-28. Provide this to the officer.

Do not sign anything without speaking to an attorney first. Signing certain documents could unknowingly waive your rights or allow ICE to deport you. You may ask for a list of free or low-cost legal services if you cannot afford a lawyer. Legal representation can make a major difference in protecting your rights under the Constitution.

5. Contact Your Consulate

If you are detained by ICE, try to remember the following:

• You have the right to call your country’s consulate.
• An officer must inform the consulate of your detention if you request it.
• The consulate may help you obtain legal representation or contact your family.

Foreign nationals from countries that are parties to the Vienna Convention on Consular Relations have this protection under international agreements.

When ICE Knocks on Your Door, What Should You Do?

If ICE knocks on your door, remember:

1. You do not have to open the door unless they present a valid judicial warrant signed by a judge.
2. An ICE administrative warrant does not give them authority to enter your home without consent.
3. Ask the officer to slip the warrant under the door or show it through a window.
4. Read it carefully to confirm it is signed by a judge.

Without a valid judicial warrant, ICE cannot enter your home without consent. Protect yourself and your family by refusing to open the door. Without legal advice, never sign documents ICE presents. Remember that signing anything may voluntarily give ICE permission to deport you or remove your right to a court hearing.

Condition yourself to always say: “I want to speak to a lawyer before I sign anything,” because your signature on any ICE paperwork may waive important rights under the Constitution.

Be Sure to Document the Encounter

If stopped or detained:

• Write down the officer’s name, badge number, time, and place.
• Ask witnesses to observe and confirm what happened.
• Keep copies of all documents ICE gives you.

A lawyer may use this evidence to protect you in court.

Border Zones and ICE Authority

If you live within 100 miles of an international border (which includes borders with any foreign country and coastlines), ICE may have expanded enforcement authority. This area covers many large U.S. cities, including Chicago. Even here, ICE cannot search you without consent and cannot enter your home without a valid judicial warrant. Knowing these limits helps you prepare:

• Do not interfere with ICE officers during the detention of another person. Observe and take notes instead.
• Remember, undocumented immigrants still have constitutional rights.
• Do not lie about your lawful immigration status, but do not discuss it without a lawyer.

If ICE stops you, protect yourself by staying calm, remaining silent, and refusing to sign documents without legal advice.

Critical Takeaways & Additional Resources

To protect yourself and your family, stay informed:

• ICE may stop immigrants in public, but you still have rights under the Constitution.
• You have the right to remain silent, the right to speak to a lawyer, and the right not to sign documents without legal advice.
• ICE cannot enter your home without a valid judicial warrant signed by a judge.
• Document every encounter to protect yourself in court.

Knowing your rights helps protect you and your family from deportation and other legal risks. Here are some additional, credible resources:

• ACLU Know Your Rights guide (external resource).
• U.S. Citizenship and Immigration Services (for lawful immigration status information).
• Local immigrant advocacy groups in Chicago can provide support.

Legal Support in Chicago

If you or someone you know needs legal assistance with immigration matters, contact the Law Offices of Azita M. Mojarad, P.C. We are based in Chicago and advocate for immigrants facing ICE actions and immigration enforcement.

Call us today at (312) 641-0771 or email azita@azitalaw.com to discuss your case and obtain legal advice from an experienced attorney.