Skip to main content
Find a Lawyer
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Top 3 Rights to Know If Stopped by ICE

By George Khoury, Esq. and Joseph Fawbush, Esq. | Last updated on

U.S. Immigration and Customs Enforcement (ICE) is the federal agency that enforces U.S. immigration laws. ICE is a part of the Department of Homeland Security (DHS), the large federal agency responsible for public security in the U.S.

An ICE agent or officer may arrest and detain people suspected of violating immigration laws. ICE conducts random roadside checkpoints and targeted raids to arrest and deport immigrants who do not have proper documentation. Frequently, ICE will get an arrest warrant, just like regular law enforcement, for a single person or group of people.

Immigration enforcement actions are technically not criminal cases. This means that an ICE arrest does not lead to a criminal conviction. Instead, immigration enforcement leads to civil penalties such as deportation. But when any person is arrested, even by ICE, civil rights don't just vanish. As immigration enforcement efforts continue and ICE raids increase, it's important to know your rights.

Below are the three most important rights to remember if an ICE agent or officer stops you.

Right to Remain Silent

Even though it is not a criminal case, an ICE detainee can still assert their right to remain silent. This means you do not have to declare your immigration status, for example. But, if you plan to assert your right to remain silent, know that people are still generally required to identify themselves to law enforcement officers and must verbally state their intention to remain silent. While you do not have to show documents identifying which country you are from, you can't lie to any police officers or immigration agents. You also should not provide false documents. Do not say you are a U.S. citizen if you are not.

As the famous Miranda warning advises, anything you say can be used against you. There are no Miranda warnings in immigration arrests, but that doesn't mean the right to remain silent doesn't exist. The only person you should talk to is your own attorney.

Right to an Attorney

Like the right to remain silent, you must tell the immigration officer you want to speak to an attorney — they won't tell you about this right. You might say, "I would like to speak to an attorney before answering questions." Once a person asserts their right to an attorney, ICE officers should stop questioning them. But, unlike the criminal justice system, the immigration system does not provide public defenders.

If an immigration officer detains you and you do not have an attorney, you can request a list of free ("pro bono") attorneys or low-cost local attorneys. Also, an immigrant has the right to contact their country's consulate, or to have officers notify their consulate that they have been taken into ICE custody.

Like with any arrest, what you should say or do after being detained really depends on your circumstances, so it's best to get legal advice directly from an attorney who understands your situation.

Right to Due Process

Every person charged with violating the law is entitled to due process before being punished or penalized. This means law enforcement officers must follow all laws when detaining and deporting immigrants, regardless of their immigration status.

A person facing deportation (also known as "removal proceedings") has the right to an evidentiary hearing in court where they can present evidence.

ICE agents frequently try to get people to sign voluntary departure agreements or stipulated removals. These agreements can prevent a person from challenging a deportation proceeding. Don't agree to this until you talk to an attorney. Signing this document could lead to permanent consequences.

Protect Yourself

Various places online offer a "rights card" that you can download and carry with you as a reminder. Some can also help with what to say. Some rights cards are available in Spanish and other languages, as well.

Just like with a criminal case, no magic words can get you out of trouble. Unfortunately, there are definitely words and actions that can get you deeper into trouble. That's why knowing your rights before an arrest happens is important.

Was this helpful?

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard