Information provided by the American Immigration Lawyers Association. This article is intended for general purposes only and does not constitute legal advice. If you need legal advice or guidance, reach out to Attorney Nancy Norman.
In the United States, all people—regardless of immigration status—have certain constitutional rights. If you or someone you know is undocumented and immigration (ICE) agents knock on the door, it’s crucial to understand your legal protections. Here’s what you need to know:
1. You Do Not Have to Open the Door
If immigration officers come to your home, you do not have to let them in unless they have a valid search warrant signed by a judge.
- An ICE deportation warrant is NOT the same as a judge-signed search warrant. If ICE only presents a deportation warrant, they cannot legally enter your home unless you give them permission.
- If officers claim to have a search warrant, ask them to slide it under the door or hold it up to a window so you can review it.
- If the warrant does not include your correct name and address or lacks a judge’s signature, you are not required to open the door.
- If you decide to speak with ICE officers, you can do so without opening the door or by stepping outside and closing the door behind you.
2. You Have the Right to Remain Silent
You are not required to answer questions from ICE officers, including those about:
✅ Your birthplace
✅ How you entered the U.S.
If you choose not to answer, clearly state: “I choose to remain silent.”
Additionally:
- You may show a Know Your Rights card that explains your refusal to speak without legal counsel.
- You may refuse to show identity documents that indicate your country of origin.
- Do not provide false documents or lie—this could be used against you.
3. You Have the Right to Speak to a Lawyer
If you are detained, you have the right to an attorney and a free phone call to your lawyer.
- If you have a lawyer, let ICE know, and provide them with a signed Form G-28 (a document confirming legal representation).
- If you do not have an attorney, you can request a list of pro bono (free) immigration lawyers from ICE.
- You also have the right to contact your country’s consulate, which may assist you in finding legal help.
- You can refuse to sign any documents until speaking with a lawyer. If you choose to sign something, ensure you understand what it means first.
4. You May Request a Phone Call to Family or Friends
If detained, you may request to make a free phone call after 10 days if you do not have sufficient funds in your account.
Know Your Rights—Protect Yourself
Understanding your rights can help you stay safe and avoid legal missteps. Remember, this information is not legal advice, and each case is different. If you need assistance, contact a licensed immigration attorney or find one through the American Immigration Lawyers Association: https://www.ailalawyer.org/.
By knowing and asserting your rights, you can protect yourself and your family. Stay informed, stay safe, and seek legal help when needed.
