Immigration enforcement actions can be intimidating. You may not know what to do if ICE comes to your door. Understanding your constitutional rights before that happens and knowing how to respond appropriately can give you both protection and peace of mind. Regardless of your legal status, you have specific rights that ICE must respect.
At Feldman & Lee PS, we do not handle deportation or removal proceedings. However, we do handle criminal defense cases, and in many situations, criminal charges and immigration matters can overlap. Our goal here is to share important information to help you understand your rights if approached or detained by ICE, so you can make informed decisions and seek the right kind of legal help when needed.
What You Can Do to Minimize Risk
What to Show and What to Carry
There are some items that you should always carry with you in case you have an encounter with ICE. One document that you absolutely must carry is proof of status. This could be a driver’s license, passport, or green card. In addition to one or more of those documents, it can be helpful to keep contact information for an immigration attorney on hand.
To be as prepared as possible, keep these items stored in a specific place, and make sure that trusted family members can easily access them if needed. For even better preparation, create an emergency plan with important phone numbers to share with family members.
Stay Calm
Although an ICE visit is extremely stressful, it’s important that you try to remain as calm as possible. Letting your stress get the best of you can result in worse outcomes. During any encounter with ICE:
- Remain calm and speak clearly
- Keep your hands visible and avoid sudden movements
- Don’t run, resist, or argue with officers
- Provide only essential information in your responses
Your Rights and What to Do
Your Rights Inside Your Home
Your home is protected under both the Washington Constitution (Article 1, section 7) and the United States Constitution (the Fourth Amendment). This means that ICE agents can’t enter your house without a valid warrant. This warrant must be signed by a judge, not just an immigration officer. If the officers do not present a warrant, you are not required to open your door or let them inside the residence.
What to Do
How you behave when ICE agents show up can make a big difference in outcomes. If immigration enforcement agents come to your door:
- Remain calm and speak through the closed door
- Ask to see a warrant and ask them to slide it under the door
- Ensure that the warrant is signed by a judge and authorizes entry to your specific address
- If a proper warrant isn’t presented, clearly state you don’t consent to entry
- Exercise your right to remain silent by invoking it, waiting for a lawyer before you answer questions
Your Rights Outside of Your Home
ICE agents can approach you in public, but you still have some rights. The most important right is your right to remain silent. You don’t have to answer any questions about immigration status, nationality, or how you entered the country. You have the right to speak with an attorney who will help you navigate those questions.
What to Do
Just like in your home, you must behave carefully if approached by ICE agents in public. Keep the following tips in mind.
- Remain calm with hands visible
- Ask if you’re free to leave, and calmly walk away if they allow it
- If detained, invoke your right to remain silent and request an attorney
- Don’t sign any documents without a lawyer present
What to Do if You Are Arrested
Getting arrested by ICE can compound the stress you feel. Should that happen, remember that you still have rights. If arrested, follow these steps:
- Immediately invoke your right to remain silent and ask for an attorney
- Do not sign any documents until legal counsel is present
- Request a phone call to contact your attorney or a family member who can contact one for you
- Provide your name, but don’t discuss your immigration history or
status
- Remember as much as you can about the details of your arrest
Protect Your Rights—Speak with an Immigration Attorney at Feldman & Lee PS Today
Immigration law is complex, and the right legal representation can make a big difference in your case. While Feldman & Lee PS does not represent clients in deportation or removal hearings, our attorneys are experienced in criminal defense matters — including cases where criminal charges may impact immigration status. If you or a loved one is facing criminal charges, or if you have been detained and need to understand how criminal allegations may affect your situation, contact us today. We are here to protect your rights and help you navigate these challenging circumstances.
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