Since the end of 2025, there has been an upsurge of U.S. Immigrations and Customs Enforcement Officers (ICE) agents throughout the country. Their presence has caused many to fear for their safety, with few knowing what to do in the event of an interaction with ICE or how they could prepare.
There are certain rights that all people in the United States are afforded, citizen or non-citizen alike.
“Everybody, regardless of immigration status, has the right to due process, the right to remain silent, the right to equal protection under the law and the right against unreasonable search and seizures, and, yeah, the First Amendment as well,” said immigration attorney Jiroko Lopez with Lopez & Freshwater, PLLC.
This means that, regardless of citizenship status, all people in the United States are guaranteed the protections of the First Amendment, the Fourth Amendment and the Fifth Amendment. The First Amendment covers freedom of speech, freedom of religion, freedom of press, freedom to peaceably protest and the right to petition the government in the case of grievances regarding it. The Fourth Amendment give protection from unreasonable search and seizure. The Fifth Amendment is the right to due process.
Everybody in the United States has the right to remain silent, which means that you do not have to answer questions asked by a law enforcement official without an attorney present.
“I think what people need to understand is that there is a difference between what’s called a voluntary encounter and detention,” said Lopez. “So, police officers, ICE officers, anybody in law enforcement also has First Amendment rights.”
This means that often the safest way to navigate an encounter with ICE is to avoid possible self-incrimination.
“So, if I go up to you and I’m a police officer and I say, ‘Hi, nice shirt. Where did you buy it?’ I mean, it’s a voluntary encounter. You can choose to answer that or you can just choose to say ‘I don’t want to share,’” said Lopez. “The important thing that I believe you need to understand is, are you being detained? Because an officer can always ask you questions. They can always ask for permission to search your home, to go into your vehicle. It’s you knowing to use your rights to say ‘no’ if you’re not interested.”
She said that if approached by a law enforcement official, it is important to first ask if you are being detained. “You need to ask, ‘Am I being detained?’ You can ask, ‘Am I free to go?’ You just need to understand first, ‘Are you being detained,’ and then you kind of know what rights to use,” said Lopez.
It is important to understand that even though something is a protected right, sometimes an action may not be the smartest thing to do in each scenario. One practical thing that should be done in any encounter with ICE is to remain calm and try to avoid acting aggressively or defensively.
“There are your rights and then practical things to do, right? So, whenever you encounter anybody, if that person’s being aggressive or rude, or making you very nervous or anxious, you don’t have to return that same tone of energy,” said Lopez. “If someone is being aggressive at you or yelling, you can control yourself. It’s scary. I understand that, but you can also be like, ‘I’m not going to respond in a rude or aggressive or loud way, I’m going to remain calm,’ which again, I know is hard.”
ICE agents and law enforcement needs a signed judicial warrant before they are allowed to search a property or a location within the United States. This means that, unless you are shown a warrant signed by a judge, you do not have to let an ICE agent or law enforcement agent search your home or vehicle, or respond to revealing questions about yourself or your immigration status.
“If someone says, ‘Hey, I noticed an accent. I want to see where you’re from. Do you have a social security card?,’ you just need to firmly and calmly state ‘I’m sorry. Am I free to go? Am I being detained?,’” said Lopez.
She goes on to emphasize that even if officials try to avoid answering the question to keep persisting until they give a response. She advises that if you are free to go, to still leave in a manner that would not further elicit suspicion from law enforcement officials.
“Even if they keep asking you, eventually the answer is going to be yes or no, and if the answer is ‘no, I am not detaining you,’ then don’t run, because then you are creating some sort of suspicion. So, don’t run away, just say, ‘okay officer, I’m not being detained,’ and obviously, if you’re recording this or anything like that, don’t put the recording in someone’s eyes, but at the same time, if you’re wanting to record this or voice record, go for it, and say ‘okay well I’m not being detained,’ or ‘I’m free to go’ and walk away. If the officer says, ‘I am detaining you’ that is where you have the right to remain silent,” said Lopez.
If you are being detained, you do not have to speak to the officer without an attorney present, as granted to you through Miranda rights, which reads, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.”
“We always on TV hear that. We hear your Miranda rights when someone is being arrested or detained,” said Lopez. “But you always have those rights. So always, use it if somebody says, ‘yeah, I am detaining you,’ say ‘okay, well I choose to remain silent and I don’t want to speak with you until I have an attorney,’” she said.
“In-and-of-itself, saying ‘no’ does not create suspicion. You are just using your rights,” said Lopez. “You have the right to call, the right to an attorney, the right to make a call, and the right to remain silent,” said Lopez.
“There is a difference between a criminal proceeding and an immigration proceeding. Immigration is what’s called civil. It’s not a criminal proceeding. Under the law, under the Constitution, under everything, if you are being charged criminally, you have the right to an attorney and if you can’t afford one, you will be assigned an attorney,” said Lopez.
“Now, when you are facing immigration proceedings, that does not apply to you. You do not get an attorney appointed or one assigned to you. You have the right to hire an attorney, but you’re going to have to pay for that because it’s not a criminal proceeding. It’s a civil one,” said Lopez.
Because immigration proceedings do not guarantee you a lawyer, as criminal proceedings do, Lopez suggests that you find an attorney and have a consultation before you may need one. Lopez also gave some tips on finding a good attorney.
“The first thing, especially in a lot of immigrant communities is, make sure it’s an attorney. They’re people who are notary publics, or who pretend to be attorneys, so make sure they have some sort of law license,” said Lopez.
From there, she suggested that you should set up a consult with the immigration attorney to see what you may or may not be eligible for. This is all important information to know in the case of detainment.
“You need a consult, because as an immigrant you need to understand, ‘am I eligible for immigration status,’ and it may be that the answer is ‘no,’” said Lopez. She emphasized that a good attorney would not charge you for anything that you are not eligible for. From there, the consultation would be focused on making a plan in case of detainment.
“And since you’re not eligible for something, again a good attorney will not charge you for something you are not eligible for, and then during a consultation, what we do, specifically our law firm, is we make a plan for if you are detained,” said Lopez. “What we do is, if you are detained, we find out, after asking questions, are you eligible for bond? Because immigration is, again, different. The law says that some people are subject to ‘mandatory detention.’ It means you’re never going to be bond eligible, which causes very serious implications because if you’re not bond eligible, your family needs to decide if you’re going to fight a trial or not, or maybe you’re not eligible for something,” said Lopez.
The best way to fight the unknown is by having a plan in place and knowing what to do in a worst-case scenario. Being informed is the best way to feel confident and secure in the face of an emergency. If you are detained, having a plan in place already places you in a better position than others.
Lopez recommends keeping all documents related to immigration in one safe place and let a trusted family member know where they are and how to access them in the case of an emergency.
“In the case of an emergency, it’s horrible, but the families who are most organized are the ones who are able to bring me as the attorney the paperwork and I can help them faster. I know it’s horrible,” said Lopez.
“Historically, they get a call, and they call a family member. So, there is a website called the ICE detainee locator. What family members should have, is if that person has what is called an Alien Registration Number. An immigrant number. It’s a 9-digit number, they need to share it only with the people that they trust. So, if the people you trust are your aunt, your mom and your dad, those people need to know your alien registration number because the ICE detainee locator is pretty hard to use. It’s not great if a name is misspelled or something. But if you have the A-number that is huge,” said Lopez.
Keep all documents in the same place, including proof of residency and A-number. Tell someone you trust where the documents are kept in case of emergency. For those who have done a consultation with an attorney, that information should be included with your documents ahead of time. That way, in case of being detained, family members can reach out to the attorney and share the documents, creating the best possibility of getting the case processed.
There is a form, Form 60-001, that allows a third party the opportunity to speak with your congressional representative. This form can be pre-signed in case of emergency. “If you are able to get a congressional representative to help you with your case, that is huge, and it really speeds things along,” said Lopez.
ICE raids can be scary. It is important to note that due to the rescinding of a Biden-era policy by President Donald Trump, ICE agents are now allowed to search schools, hospitals and religious buildings if they have a warrant, when previously they were not. It is important to have all documentation in a safe place that people you trust know about, and to keep information you give to officers limited.
