During Encounters
During Encounters with ICE
Section titled “During Encounters with ICE”When you encounter ICE agents, knowing what to do can protect your rights. This guide covers different scenarios.
De-Escalation: Protecting Rights Without Escalating
Section titled “De-Escalation: Protecting Rights Without Escalating”The Goal
Section titled “The Goal”Exercise your constitutional rights calmly and clearly without creating confrontation. Your safety comes first.
Critical Don’ts
Section titled “Critical Don’ts”| Never Do This | Why |
|---|---|
| Open the door | Even partially can be interpreted as consent to entry |
| Run | Escalates danger, harms your legal case |
| Physically resist | Can result in injury and criminal charges |
| Lie | False statements can be used against you, may be criminal |
| Sign documents | Can waive hearing rights or agree to removal |
| Provide false documents | Serious criminal offense |
| Yell or argue | Escalates situation, doesn’t help |
How to Stay Calm
Section titled “How to Stay Calm”Your demeanor:
- Speak in a calm, steady voice
- Keep hands visible at all times
- Move slowly and deliberately
- Don’t make sudden movements
- Breathe — stress makes it hard to think
Your words:
- Use short, clear phrases
- Repeat the same phrases if needed
- Don’t elaborate or explain
- Don’t answer questions beyond asserting rights
- Let silence do the work
Phrases That De-Escalate
Section titled “Phrases That De-Escalate”Instead of arguing, simply repeat:
“I am exercising my right to remain silent.”
“I do not consent to entry.”
“I want to speak with a lawyer.”
These are legally protected statements. You don’t need to explain why.
At Your Door
Section titled “At Your Door”Before Opening
Section titled “Before Opening”Do NOT open the door immediately.
Through the closed door, ask:
- “Who is it?”
- “What do you want?”
- “Do you have a warrant?”
If They Claim to Have a Warrant
Section titled “If They Claim to Have a Warrant”Ask them to slide it under the door. Never open the door to look at it.
Check the warrant carefully:
| Feature | Judicial Warrant (VALID) | ICE Administrative Warrant (NOT VALID for entry) |
|---|---|---|
| Signed by | U.S. Magistrate Judge or Federal Judge | ICE officer / “Authorized Immigration Officer” |
| Header | United States District Court | Department of Homeland Security |
| Form | Court warrant document | Form I-200 (arrest) or I-205 (removal) |
| Authority | Court-issued, probable cause | Agency internal document |
| Entry rights | YES - must allow entry | NO - requires your consent |
How to Verify Through a Closed Door
Section titled “How to Verify Through a Closed Door”- Ask: “Please slide the warrant under the door”
- Look for: A judge’s signature (not just an ICE officer)
- Check: Your correct name and address
- Check: Valid dates
What a judicial warrant looks like:
- Header: “United States District Court”
- Signed by a U.S. Magistrate Judge or Judge
- Specific name and address
- Issued within valid timeframe
What an ICE warrant looks like:
- Header: “Department of Homeland Security” or “U.S. Immigration and Customs Enforcement”
- Signed by an immigration officer
- Forms I-200 or I-205
- This does NOT give them the right to enter
If It’s an ICE Warrant (Not Judicial)
Section titled “If It’s an ICE Warrant (Not Judicial)”“This is an administrative warrant. It does not give you the right to enter my home. I do not consent to your entry.”
Keep the door closed.
If It’s a Judicial Warrant
Section titled “If It’s a Judicial Warrant”- Verify the address is correct
- Verify your name (if named)
- You must allow entry, but exercise other rights
- Remain silent
- Do not answer questions
- Ask for a lawyer
If They Enter Without Consent
Section titled “If They Enter Without Consent”- Do not physically resist
- State clearly: “I do not consent to this entry or search”
- Document what happens
- Seek legal help immediately after
On the Street
Section titled “On the Street”Initial Contact
Section titled “Initial Contact”If approached by ICE:
Ask: “Am I free to go?”
- If yes: Walk away calmly
- If no: You are being detained
If Detained
Section titled “If Detained”- Stay calm - Don’t run, argue, or resist
- Keep hands visible - Safety first
- Exercise your rights:
- “I am exercising my right to remain silent”
- “I do not consent to a search”
- “I want to speak with a lawyer”
- Do not sign anything - Documents may waive your rights
- Do not provide false documents - This can result in criminal charges
Questions You Don’t Have to Answer
Section titled “Questions You Don’t Have to Answer”- Where were you born?
- What is your immigration status?
- Where do you live?
- How did you enter the country?
- Where are your papers?
You can respond:
“I am exercising my right to remain silent.”
In Your Vehicle
Section titled “In Your Vehicle”If Pulled Over
Section titled “If Pulled Over”- Pull over safely
- Keep hands on steering wheel
- Stay in the vehicle unless asked to exit
What You Must Provide
Section titled “What You Must Provide”- Driver’s license
- Vehicle registration
- Proof of insurance
What You Don’t Have to Provide
Section titled “What You Don’t Have to Provide”- Answers about immigration status
- Answers about citizenship
- Consent to search the vehicle
- Documents about immigration
Vehicle Search
Section titled “Vehicle Search”“I do not consent to a search of my vehicle.”
If they search anyway, do not resist, but state clearly that you do not consent.
At a Checkpoint
Section titled “At a Checkpoint”Know the Checkpoints
Section titled “Know the Checkpoints”Interior checkpoints are common within 100 miles of any border. Know your rights:
At the Checkpoint
Section titled “At the Checkpoint”You must:
- Stop when directed
- Show driver’s license if asked
You can:
- Remain silent about immigration status
- Refuse consent to search
- Record the encounter
Say:
“I do not wish to answer questions.” “I do not consent to a search.”
If Directed to Secondary Inspection
Section titled “If Directed to Secondary Inspection”- Stay calm
- Continue exercising your rights
- Ask: “Am I being detained? Am I free to go?”
At Work
Section titled “At Work”If ICE Enters Your Workplace
Section titled “If ICE Enters Your Workplace”You can:
- Remain silent
- Walk away (if not detained)
- Refuse to show documents
Do NOT:
- Run
- Hide
- Provide false documents
- Answer questions about others
Questions to Ask
Section titled “Questions to Ask”“Do you have a warrant?” “Am I free to leave?”
If Everyone Is Being Detained
Section titled “If Everyone Is Being Detained”- Stay calm
- Exercise your right to remain silent
- Do not sign anything
- Ask for a lawyer
If You Are Arrested/Detained
Section titled “If You Are Arrested/Detained”Immediate Steps
Section titled “Immediate Steps”- Remain silent (except identifying yourself if required by state law)
- Ask for a lawyer
- Do not sign anything
- Memorize or write down the following:
- Date, time, location
- Names/badge numbers of officers
- What was said
Protect Your Phone
Section titled “Protect Your Phone”Your phone may contain information that can hurt your case or endanger others.
Before handing over your phone:
- Know that you do NOT have to unlock it
- Biometrics (face/fingerprint) can be compelled — use a passcode instead
- Say: “I do not consent to a search of my phone”
If they take your phone:
- Do not provide the passcode
- Note the time it was taken
- Request it be returned
See the Mobile Hardening Guide for how to prepare your phone before an encounter.
At the Detention Facility
Section titled “At the Detention Facility”- Continue exercising right to remain silent
- Do NOT sign voluntary departure documents
- Request to call your lawyer
- Request to call your consulate (if desired)
- Request to call family (they need to know where you are)
Your One Phone Call
Section titled “Your One Phone Call”Use it to contact:
- A lawyer, OR
- A family member who can contact a lawyer
Tell them:
- Where you are (if you know)
- Your A-number (alien registration number) if you have one
- What happened
- That you need legal help
Why Silence Is Your Greatest Protection
Section titled “Why Silence Is Your Greatest Protection”The Legal Reality
Section titled “The Legal Reality”In immigration proceedings, anything you say can and will be used against you. Unlike criminal court, there is no requirement that statements be given after Miranda warnings.
| What You Say | How It Can Hurt You |
|---|---|
| ”I came here 10 years ago” | Establishes unlawful presence, triggers bars to relief |
| ”I crossed the border at Tijuana” | Proves manner of entry, can be used for expedited removal |
| ”My cousin lives in Chicago” | Can be used to locate and target family members |
| ”I work at [restaurant name]“ | Can lead to workplace raids, employer problems |
| ”I don’t have papers” | Direct admission of removability |
Silence Cannot Hurt You
Section titled “Silence Cannot Hurt You”In immigration court:
- Silence cannot be used as evidence against you
- The government must prove its case — you don’t have to help them
- Even “innocent” information can establish deportability
The Only Things to Say
Section titled “The Only Things to Say”- “I am exercising my right to remain silent.”
- “I want to speak with a lawyer.”
- “I do not consent to a search.”
- “I will not sign anything without speaking to a lawyer.”
Repeat these phrases. Do not elaborate. Do not explain. Do not answer “just one question.”
Pressure Tactics to Resist
Section titled “Pressure Tactics to Resist”ICE officers may try to get you to talk:
| They Say | The Truth |
|---|---|
| ”It will go easier if you cooperate” | Cooperation = giving them evidence against you |
| ”We already know everything” | If they did, they wouldn’t need you to talk |
| ”Just tell us where you’re from” | This establishes removability |
| ”Sign this and you can go home" | "Home” means your country of origin — this is deportation |
| ”You don’t need a lawyer for this” | You absolutely do |
After Arrest: What Happens Next
Section titled “After Arrest: What Happens Next”Understanding the Process
Section titled “Understanding the Process”Arrest is the beginning of a legal process, not the end. Here’s what typically happens:
Arrest → Processing → Detention → Court Hearing → Decision → Appeal (if needed)At Processing
Section titled “At Processing”You will receive:
- Notice to Appear (NTA) — The charging document listing why they claim you’re removable
- A-Number — Your alien registration number (memorize this)
- Information about your rights
Critical: Read the NTA carefully. It lists the charges against you. Errors on the NTA can be grounds for dismissal.
Bond Hearing
Section titled “Bond Hearing”Many people can request release on bond while their case proceeds.
Bond may be available if:
- You are not subject to mandatory detention
- You are not considered a flight risk
- You are not considered a danger to the community
- You have ties to the community (family, job, residence)
At the bond hearing, present:
- Evidence of community ties
- Letters of support from family, employers, community members
- Evidence of good moral character
- A plan for where you will live
Bond amounts typically range from $1,500 to $25,000+.
Types of Relief You May Qualify For
Section titled “Types of Relief You May Qualify For”Even if ICE claims you are removable, you may have defenses:
| Relief Type | Who May Qualify |
|---|---|
| Asylum | Those fleeing persecution based on race, religion, nationality, political opinion, or particular social group |
| Withholding of Removal | Similar to asylum but higher standard; cannot be deported to country of persecution |
| CAT Protection | Convention Against Torture — cannot be returned if you would be tortured |
| Cancellation of Removal | 10+ years in US, good moral character, US citizen/LPR relative who would suffer extreme hardship |
| VAWA | Victims of domestic violence by US citizen or LPR spouse/parent |
| U-Visa | Victims of certain crimes who assisted law enforcement |
| T-Visa | Victims of human trafficking |
| Adjustment of Status | If you have an approved family or employment petition |
You may qualify for relief you don’t know about. This is why having a lawyer is critical.
Immigration Court: What to Know
Section titled “Immigration Court: What to Know”Immigration Court Is Different
Section titled “Immigration Court Is Different”| Criminal Court | Immigration Court |
|---|---|
| Constitutional right to attorney | No right to free attorney |
| ”Beyond reasonable doubt” standard | ”Clear and convincing” or lower |
| Jury trial available | Judge decides everything |
| Independent judiciary | Judges work for DOJ (Executive Branch) |
Your Rights in Immigration Court
Section titled “Your Rights in Immigration Court”Despite the differences, you still have rights:
- Right to be represented by a lawyer (at your own expense)
- Right to examine evidence against you
- Right to present evidence and witnesses
- Right to cross-examine government witnesses
- Right to appeal
- Right to an interpreter
Key Documents to Request
Section titled “Key Documents to Request”Ask your lawyer (or request yourself if pro se) for:
- Your A-File — Your complete immigration file (FOIA request to USCIS)
- The NTA — Notice to Appear with all charges
- Evidence of Entry — How they claim you entered
- Any Statements — Any statements they claim you made
- Criminal History — If applicable, what they have on record
Preparing for Your Hearing
Section titled “Preparing for Your Hearing”Gather evidence of:
- How long you’ve been in the US
- Family ties (especially US citizen/LPR relatives)
- Employment history
- Community involvement
- Good moral character
- Any basis for relief (asylum, cancellation, etc.)
Bring to court:
- Original documents + 3 copies
- Certified translations of foreign documents
- Organized binder with tabs
- List of witnesses
If You Have a Public Defender or Are Pro Se
Section titled “If You Have a Public Defender or Are Pro Se”Getting Legal Help
Section titled “Getting Legal Help”Free/low-cost legal help:
- CLINIC Legal Immigration Network — Directory of nonprofit providers
- Immigration Advocates Network — Searchable directory
- Local bar association pro bono programs
- Law school immigration clinics
If You Must Represent Yourself (Pro Se)
Section titled “If You Must Represent Yourself (Pro Se)”This is difficult but not impossible. Many people successfully represent themselves.
Essential steps:
- Get your A-File — Submit FOIA to USCIS immediately
- Read your NTA carefully — Understand exactly what you’re charged with
- Research your relief options — Use resources below
- Prepare your evidence — Organize everything meticulously
- Practice your testimony — Know your story cold
- Request continuances — If you need more time, ask for it
Key Legal Arguments to Know
Section titled “Key Legal Arguments to Know”Challenging the NTA:
- Errors in the NTA (wrong name, wrong date, wrong charges) can be grounds for termination
- NTA must be properly served
- Pereira v. Sessions (2018) — NTA without time and place may be defective
Challenging Evidence:
- Object to statements taken without proper warnings
- Challenge authenticity of documents
- Object to hearsay
Establishing Relief:
- For asylum: establish persecution, nexus to protected ground, government unable/unwilling to protect
- For cancellation: establish 10 years, good moral character, exceptional hardship to qualifying relative
- For VAWA/U-Visa: establish qualifying crime, cooperation with law enforcement (U), relationship (VAWA)
What to Say to the Judge
Section titled “What to Say to the Judge”Requesting a continuance:
“Your Honor, I respectfully request a continuance to [find an attorney / gather evidence / prepare my case]. I am taking this matter seriously and need additional time to properly present my case.”
Objecting to evidence:
“Your Honor, I object to this evidence on the grounds that [it is hearsay / it was obtained without proper warnings / it is not authenticated].”
If you don’t understand:
“Your Honor, I don’t understand. Can you please explain?”
Always be respectful — Address the judge as “Your Honor” and remain calm.
Key Forms to Know
Section titled “Key Forms to Know”| Form | Purpose |
|---|---|
| I-589 | Application for Asylum and Withholding of Removal |
| EOIR-42B | Application for Cancellation of Removal (non-LPR) |
| EOIR-42A | Application for Cancellation of Removal (LPR) |
| I-918 | U-Visa petition |
| I-360 | VAWA self-petition |
| EOIR-26 | Notice of Appeal |
| EOIR-28 | Notice of Entry of Appearance (if you get a lawyer) |
Filing Deadlines
Section titled “Filing Deadlines”Critical deadlines:
- Asylum application: Generally must file within 1 year of arrival (exceptions exist)
- Appeal: Must file within 30 days of decision
- Motion to Reopen: Generally within 90 days (exceptions for changed circumstances)
Appeals: Fighting Back
Section titled “Appeals: Fighting Back”If You Lose Your Case
Section titled “If You Lose Your Case”A negative decision is not the end. You can appeal.
Board of Immigration Appeals (BIA):
- File EOIR-26 within 30 days
- File brief within deadlines set by BIA
- Can argue legal errors, not just factual disagreements
Federal Court (Petition for Review):
- If BIA denies appeal, can petition federal circuit court
- Must file within 30 days of BIA decision
- Argues legal/constitutional errors
Stay of Removal
Section titled “Stay of Removal”Filing an appeal does not automatically stop deportation. You must request a stay of removal.
- File motion for stay with BIA or court
- Argue you will suffer irreparable harm
- Argue likelihood of success on appeal
Special Situations
Section titled “Special Situations”With Children Present
Section titled “With Children Present”- Children who are U.S. citizens cannot be detained
- Ask if you can make arrangements for your children
- Have a plan for who will care for children
If You’re a DACA Recipient
Section titled “If You’re a DACA Recipient”- Carry your DACA documents
- DACA does not protect from all enforcement
- Contact a lawyer immediately
If You Have a Pending Case
Section titled “If You Have a Pending Case”- Carry documentation of your case
- Contact your lawyer immediately
- Do not sign anything that could affect your case
What NOT to Do
Section titled “What NOT to Do”| Don’t | Why |
|---|---|
| Run | Can result in arrest, injury |
| Resist physically | Can result in criminal charges |
| Lie | Can be used against you, criminal charges |
| Sign documents | May waive rights or agree to deportation |
| Provide false documents | Criminal offense |
| Answer questions | Anything you say can be used against you |
Emergency Contacts
Section titled “Emergency Contacts”Keep these numbers memorized or written:
- Immigration lawyer
- Family member
- Local immigrant rights hotline
- Network emergency contact
Legal Resources
Section titled “Legal Resources”Finding a Lawyer
Section titled “Finding a Lawyer”| Resource | Description | Link |
|---|---|---|
| CLINIC Directory | Nonprofit immigration legal services | cliniclegal.org |
| Immigration Advocates Network | Searchable provider directory | immigrationadvocates.org |
| AILA Lawyer Search | Find private immigration attorneys | ailalawyer.com |
| Law School Clinics | Free representation by supervised students | Check local law schools |
Self-Help Resources
Section titled “Self-Help Resources”| Resource | Description | Link |
|---|---|---|
| CLINIC Pro Se Resources | Guides for representing yourself | cliniclegal.org |
| Florence Project | Detained adult pro se materials | firrp.org |
| Immigration Court Practice Manual | Official court procedures | justice.gov/eoir |
| NIJC Pro Bono Resources | Case preparation guides | immigrantjustice.org |
Know Your Rights
Section titled “Know Your Rights”| Resource | Description | Link |
|---|---|---|
| ILRC Know Your Rights | Comprehensive rights info | ilrc.org |
| ACLU Immigrants’ Rights | Rights resources | aclu.org |
| National Immigration Law Center | Policy and rights updates | nilc.org |
Digital Security
Section titled “Digital Security”Protect your devices and data:
| Guide | Purpose | Link |
|---|---|---|
| Mobile Hardening | Secure your phone before encounters | Mobile Hardening |
| Digital Force Protection | Comprehensive digital security | DFP Guide |
| Quick DFP Reference | Fast privacy setup | Quick DFP |
Quick Reference Card
Section titled “Quick Reference Card”Print and carry this:
MY RIGHTS:- I have the right to remain silent- I do not consent to a search- I want to speak to a lawyer- I do not consent to entry without a judicial warrant
IF DETAINED:- Do NOT sign anything- Do NOT unlock my phone- Request a lawyer- Request a bond hearing- Remember: Arrest is NOT the end
EMERGENCY CONTACTS:- Lawyer: _______________- Family: _______________- Hotline: ______________- A-Number: A___________