What Are My Rights if Questioned by ICE Agents?
Millions of people residing in the United States, both citizens and not, are terrified of what will happen if Immigration and Customs Enforcement (ICE) comes to their door or stops them in public. With schools, churches, construction sites, and other public places becoming common locations for ICE raids searching for undocumented immigrants, it’s vital to understand your rights whether you are undocumented or not. Share this information with others who may be in need to ensure no one’s rights are violated by ICE.
What are my rights if ICE shows up at my home or work?
If ICE agents appear at your place of business or at your home, you are not required to answer the door unless they have a warrant to enter the premises from a judge. You can inform them that you will only allow entry if they return with a warrant. If they threaten you or begin attempting to gain entry without your permission, they are acting illegally, and you are allowed to find somewhere safe to hide.
If they question you directly in public or at your home, you do not have to provide any information regarding your immigration status, where you were born, or how you arrived in the U.S. In California, you do not even have to provide your name if asked by an ICE agent or police officer. Stay as calm as possible and do not move suddenly or attempt to run or attack if in conversation. You always have the right to remain silent, even if you are not a citizen. Inform the ICE agents or police that you are exercising your right to remain silent and will speak only to a lawyer.
If they ask to search your home or your body, you have to right to refuse unless they have probable cause and a search warrant signed by a judge.
What should I do if I’ve been detained?
If you’ve been detained by ICE agents, you still have rights. Remain silent and do not sign anything. Request a lawyer immediately. ICE is not required to provide one to you, but you can ask for a list of free or low-cost attorneys. If you’ve been injured while detained by ICE, document the injuries as thoroughly as possible with photos, videos, or texts.
ICE violated my rights. What now?
Whether you’re a citizen or not, your rights are just as important during an ICE encounter. Write down everything you can remember including date, time, and location of the encounter; who the agents were; what they said; and whether any witnesses were around. If they injured you or destroyed your property (such as by forcing their way into your home), take pictures and videos of the injuries and destruction. Contact a personal injury attorney regarding your injuries and damages. You do not have to be a citizen to bring a personal injury claim, and if you’re undocumented, your immigration status will never be brought against you during a lawsuit.
Frequently Asked Questions
The ICE agent says they have a warrant. Do I comply?
ICE agents have been recorded attempting to convince residents that they have a warrant to search vehicles, homes, or places of business. In many videos, they produce a paper claiming it is a warrant. If an ICE agent asks to search your home or vehicle and gives you a document, read it carefully. A warrant to arrest undocumented immigrants and signed by an ICE official is NOT a search warrant. This document does not allow them access to the premises. The search warrant must be a judicial warrant signed by a judge in your jurisdiction.
What happens to my family?
Your family should not be targeted simply because they are related to you, but they may be questioned by ICE agents as well. Make sure they are aware of their rights and have a lawyer ready to help them.
Will ICE hurt me?
ICE agents never have the right to hurt you or your family. If you’ve been injured by ICE agents, you have the right to ask for compensation.
How to Retain a California Lawyer if You’ve Been Injured During an ICE Raid
If you were injured by an ICE agent in California, you may be eligible to collect compensation for your injuries. Follow these steps to contact a personal injury attorney with BD&J.
- Collect documentation on your injuries. Keeping photos, journal entries, and medical records to present to your attorney at BD&J can help expedite the filing of your claim.
- Contact our personal injury team here. Complete our form to receive a call from one of our team members regarding your potential case. Our lawyers will review the information you provide and begin the process of filing.
- Stay in contact with us. Our personal injury attorneys will be keeping you informed as your claim progresses. However, we empower our clients to participate in their claim and may need to discuss the process with you.
Protecting the Rights of California Residents for More Than 20 Years
Even if you are an undocumented immigrant, you always have rights in the United States. Remaining informed of your rights can help protect your livelihood and life in the U.S. If you’ve been injured by ICE or have experienced property damage from ICE agents, contact BD&J today to schedule a free consultation!
