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During Encounters

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”

Exercise your constitutional rights calmly and clearly without creating confrontation. Your safety comes first.

Never Do ThisWhy
Open the doorEven partially can be interpreted as consent to entry
RunEscalates danger, harms your legal case
Physically resistCan result in injury and criminal charges
LieFalse statements can be used against you, may be criminal
Sign documentsCan waive hearing rights or agree to removal
Provide false documentsSerious criminal offense
Yell or argueEscalates situation, doesn’t help

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

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.


Do NOT open the door immediately.

Through the closed door, ask:

  • “Who is it?”
  • “What do you want?”
  • “Do you have a warrant?”

Ask them to slide it under the door. Never open the door to look at it.

Check the warrant carefully:

FeatureJudicial Warrant (VALID)ICE Administrative Warrant (NOT VALID for entry)
Signed byU.S. Magistrate Judge or Federal JudgeICE officer / “Authorized Immigration Officer”
HeaderUnited States District CourtDepartment of Homeland Security
FormCourt warrant documentForm I-200 (arrest) or I-205 (removal)
AuthorityCourt-issued, probable causeAgency internal document
Entry rightsYES - must allow entryNO - requires your consent
  1. Ask: “Please slide the warrant under the door”
  2. Look for: A judge’s signature (not just an ICE officer)
  3. Check: Your correct name and address
  4. 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

“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.

  • 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
  • Do not physically resist
  • State clearly: “I do not consent to this entry or search”
  • Document what happens
  • Seek legal help immediately after

If approached by ICE:

Ask: “Am I free to go?”

  • If yes: Walk away calmly
  • If no: You are being detained
  1. Stay calm - Don’t run, argue, or resist
  2. Keep hands visible - Safety first
  3. 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”
  4. Do not sign anything - Documents may waive your rights
  5. Do not provide false documents - This can result in criminal charges
  • 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.”

  1. Pull over safely
  2. Keep hands on steering wheel
  3. Stay in the vehicle unless asked to exit
  • Driver’s license
  • Vehicle registration
  • Proof of insurance
  • Answers about immigration status
  • Answers about citizenship
  • Consent to search the vehicle
  • Documents about immigration

“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.

Interior checkpoints are common within 100 miles of any border. Know your rights:

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.”

  • Stay calm
  • Continue exercising your rights
  • Ask: “Am I being detained? Am I free to go?”

You can:

  • Remain silent
  • Walk away (if not detained)
  • Refuse to show documents

Do NOT:

  • Run
  • Hide
  • Provide false documents
  • Answer questions about others

“Do you have a warrant?” “Am I free to leave?”

  • Stay calm
  • Exercise your right to remain silent
  • Do not sign anything
  • Ask for a lawyer
  1. Remain silent (except identifying yourself if required by state law)
  2. Ask for a lawyer
  3. Do not sign anything
  4. Memorize or write down the following:
    • Date, time, location
    • Names/badge numbers of officers
    • What was said

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.

  • 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)

Use it to contact:

  1. A lawyer, OR
  2. 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

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 SayHow 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

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
  1. “I am exercising my right to remain silent.”
  2. “I want to speak with a lawyer.”
  3. “I do not consent to a search.”
  4. “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.”

ICE officers may try to get you to talk:

They SayThe 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

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)

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.

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+.

Even if ICE claims you are removable, you may have defenses:

Relief TypeWho May Qualify
AsylumThose fleeing persecution based on race, religion, nationality, political opinion, or particular social group
Withholding of RemovalSimilar to asylum but higher standard; cannot be deported to country of persecution
CAT ProtectionConvention Against Torture — cannot be returned if you would be tortured
Cancellation of Removal10+ years in US, good moral character, US citizen/LPR relative who would suffer extreme hardship
VAWAVictims of domestic violence by US citizen or LPR spouse/parent
U-VisaVictims of certain crimes who assisted law enforcement
T-VisaVictims of human trafficking
Adjustment of StatusIf 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.


Criminal CourtImmigration Court
Constitutional right to attorneyNo right to free attorney
”Beyond reasonable doubt” standard”Clear and convincing” or lower
Jury trial availableJudge decides everything
Independent judiciaryJudges work for DOJ (Executive Branch)

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

Ask your lawyer (or request yourself if pro se) for:

  1. Your A-File — Your complete immigration file (FOIA request to USCIS)
  2. The NTA — Notice to Appear with all charges
  3. Evidence of Entry — How they claim you entered
  4. Any Statements — Any statements they claim you made
  5. Criminal History — If applicable, what they have on record

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”

Free/low-cost legal help:

This is difficult but not impossible. Many people successfully represent themselves.

Essential steps:

  1. Get your A-File — Submit FOIA to USCIS immediately
  2. Read your NTA carefully — Understand exactly what you’re charged with
  3. Research your relief options — Use resources below
  4. Prepare your evidence — Organize everything meticulously
  5. Practice your testimony — Know your story cold
  6. Request continuances — If you need more time, ask for it

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)

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.


FormPurpose
I-589Application for Asylum and Withholding of Removal
EOIR-42BApplication for Cancellation of Removal (non-LPR)
EOIR-42AApplication for Cancellation of Removal (LPR)
I-918U-Visa petition
I-360VAWA self-petition
EOIR-26Notice of Appeal
EOIR-28Notice of Entry of Appearance (if you get a lawyer)

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)

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

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
  • 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
  • Carry your DACA documents
  • DACA does not protect from all enforcement
  • Contact a lawyer immediately
  • Carry documentation of your case
  • Contact your lawyer immediately
  • Do not sign anything that could affect your case
Don’tWhy
RunCan result in arrest, injury
Resist physicallyCan result in criminal charges
LieCan be used against you, criminal charges
Sign documentsMay waive rights or agree to deportation
Provide false documentsCriminal offense
Answer questionsAnything you say can be used against you

Keep these numbers memorized or written:

  • Immigration lawyer
  • Family member
  • Local immigrant rights hotline
  • Network emergency contact

ResourceDescriptionLink
CLINIC DirectoryNonprofit immigration legal servicescliniclegal.org
Immigration Advocates NetworkSearchable provider directoryimmigrationadvocates.org
AILA Lawyer SearchFind private immigration attorneysailalawyer.com
Law School ClinicsFree representation by supervised studentsCheck local law schools
ResourceDescriptionLink
CLINIC Pro Se ResourcesGuides for representing yourselfcliniclegal.org
Florence ProjectDetained adult pro se materialsfirrp.org
Immigration Court Practice ManualOfficial court proceduresjustice.gov/eoir
NIJC Pro Bono ResourcesCase preparation guidesimmigrantjustice.org
ResourceDescriptionLink
ILRC Know Your RightsComprehensive rights infoilrc.org
ACLU Immigrants’ RightsRights resourcesaclu.org
National Immigration Law CenterPolicy and rights updatesnilc.org

Protect your devices and data:

GuidePurposeLink
Mobile HardeningSecure your phone before encountersMobile Hardening
Digital Force ProtectionComprehensive digital securityDFP Guide
Quick DFP ReferenceFast privacy setupQuick DFP

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___________