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

Vishrut Shelat, Esq. January 22, 2026 7 min read

Understanding your constitutional rights during an encounter with Immigration and Customs Enforcement (ICE) is crucial for protecting yourself and your family. Whether you are a citizen, permanent resident, or undocumented immigrant, you have rights under the U.S. Constitution that apply to everyone within the country's borders.

⚠️ Important

This article is for informational purposes only and does not constitute legal advice. If you or a family member is facing immigration enforcement, contact an immigration attorney immediately.

Your Rights at Home

The Fourth Amendment protects you from unreasonable searches and seizures. This means that ICE officers generally cannot enter your home without your consent or a valid warrant signed by a judge.

✓ What You Should Do

  • Do NOT open the door
  • Ask the officer to slide any warrant under the door
  • Verify the warrant is signed by a judge (not just an ICE official)
  • Check that your address and name are correct on the warrant
  • Remain calm and do not run or resist

Understanding Different Types of Warrants

It's important to know the difference between an ICE administrative warrant and a judicial warrant:

"The Constitution doesn't ask about your immigration status before it protects you. Everyone in the United States has fundamental rights."

Your Right to Remain Silent

The Fifth Amendment protects your right to remain silent. You are not required to answer questions about your immigration status, where you were born, or how you entered the country.

You can say: "I am exercising my right to remain silent and wish to speak to an attorney."

If You Are Detained

If ICE detains you or a family member:

Preparing an Emergency Plan

Every family should have an emergency plan in case of an ICE encounter:

If you or someone you know is facing deportation or removal proceedings, contact our office immediately for a free consultation. We are here to protect your rights and fight for your future in the United States.

Judicial vs. Administrative Warrants

ICE agents usually carry an "Administrative Warrant" (Form I-200). This is signed by an immigration officer, not a judge. It does NOT give them the right to enter your home without consent. Unless they have a "Judicial Warrant" (signed by a Judge), you can keep the door closed and speak through it.

Sensitive Locations Policy

ICE technically has a policy avoiding enforcement actions at "sensitive locations" like schools, hospitals, and places of worship. However, "avoiding" is not a law. They can still arrest you outside these buildings. Do not treat a church as a permanent sanctuary without legal counsel.

Frequently Asked Questions

Should I carry my passport?

No. Carry a copy or a "Know Your Rights" card. If you carry your foreign passport, you are handing them the one document they need to deport you immediately.

Fingerprints = Biometric Identification

If you are arrested, ICE will fingerprint you. This links you to every database (FBI, IDENT). If you have used an alias in the past, the fingerprints will reveal your true identity immediately.

Do Not Lie About Identity: While you should remain silent, if you choose to speak, do not give a fake name. Giving a fake name to a federal agent is a separate federal felony (18 USC 1001) that serves as its own ground for deportation.

Facing Deportation? We Can Help.

Our experienced deportation defense attorneys are ready to fight for your rights.

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