It’s 3 a.m., and you are abruptly awoken by a series of loud knocks.
Half asleep and confused, you make your way to your front door and spot the silhouettes of two individuals standing outside. After taking a closer look, you see that they are uniformed, the words POLICE ICE plastered on their bulletproof vests. You freeze in shock.
Before you can react, you hear one of them ask:
“We’re investigating a crime and want to ask questions. Can we come inside?”
For many, this scenario is a genuine fear not far from reality, a nightmare encounter that could turn their lives upside down if they are detained and deported.
Deportation is not exclusively for individuals who entered the U.S. unlawfully. Other “deportable” individuals include people who have overstayed their visas, even people with lawful resident status who have certain criminal convictions or immigration violations.
Rising Fears of Deportation
On his first day in office, President Donald Trump signed a series of executive orders, including “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats” and “Protecting the American People Against Invasion.” These orders focused on halting foreign immigration to the U.S. and encouraging the immediate removal of non-U.S. citizens.
In the following weeks, U.S. Immigration and Customs Enforcement (ICE) began conducting a series of arrests that prioritized “public and national security threats, immigration fugitives and illegal reentrants,” according to the agency’s website.
ICE announced via X that as of February 3rd, it had arrested 8,768 undocumented immigrants and conducted 5,693 deportations. ICE has since released photos and accounts of specific arrests on social media, but has not posted updated totals.
Meanwhile, Reuters recently reported that overall deportations during Trump’s first month are below the Biden administration’s monthly average; Trump officials expect deportations to rise in the next few months.
These arrests have raised concerns nationwide among individuals at risk of deportation. In light of these turbulent times, it has become essential for those at risk to know their rights.
“[Rights] are our first line of defense as community members, whether we are undocumented ourselves or we are an ally,” says Jacqueline Bonilla Fuentes, the staff attorney at the USC Gould School of Law’s Immigration Clinic, who directs the USC Immigrant Legal Assistance Center (ILAC).
“Whatever bucket you fall into, we want to know our rights. Whether that’s someone who’s directly impacted or someone who is being targeted by ICE… rights are our first line of defense,” says Bonilla Fuentes.
What Rights Do I Have?
If you are in a situation where you are approached by ICE, the first thing you must remember is to remain calm, collected, and respectful. This can be a scary interaction, especially in the heat of the moment and if the officer becomes aggressive. However, acting out of fear and emotion may lead to an unfortunate outcome.
“Everyone has constitutional rights, regardless of immigration status,” affirms Bonilla Fuentes. “Under the Fifth Amendment, we do not need to answer questions, sign, or produce any documents… The Fourth Amendment protects us from searches without consent or a valid judicial warrant.”
Understanding and practicing your constitutional rights is vital to avoid deportation.
Additionally, knowing the differences between an ICE administrative warrant and a judicial warrant is essential and can help shape how you handle an encounter. ICE administrative warrants can often be misleading, with signatures and stamps that may make you feel obligated to comply with the agents’ requests. This is a common mistake made by individuals who fail to practice their rights and consent to an unnecessary ICE search.
“It’s critical we know that they [ICE] can’t come inside our home without a valid judicial warrant… that means it’s issued by a court, it’s signed by a judge, it has the correct name, and the correct address. Unless they have that document, they need permission to come in,” says Bonilla Fuentes.
Even slightly opening the door can be perceived as consent, effectively giving ICE agents permission to enter. This situation can escalate and may become forceful.
ICE encounters can vary, and their setting determines how you should manage the interaction. Here are some tips on how to handle an ICE interaction in different scenarios:
What If You Are Approached at Home?
Do not open the door. Instead, ask if the agents have a warrant that is signed by a judge. This should be the standard across the board. Feel free to ask to see the warrant; they can slide it under the door or hold it up to a window.
If they DO NOT have a judicial warrant:
- You are NOT required to let them into your home.
- You have the right to ask ICE to leave your property.
- If agents enter your home, DO NOT sign and/or provide any documentation before talking with a lawyer. If ICE entered without a valid warrant, you can ask them to leave.
- Feel free to openly record the interaction only if you feel safe doing so and do not interfere with the officers’ duties.
Some phrases you can use in this situation are:
- “I do not want to answer questions. Please leave.”
- “I do not want to talk to you. Please leave your contact information.”
- “I do not consent to you searching my home. Please leave.”
- “I do not consent to you being inside. Please leave.”
- “I do not want to bring my documents.”
If they DO present a proper warrant:
- Remain silent, and practice your Fifth Amendment rights.
- DO NOT sign and/or provide any documentation before talking with a lawyer.
- Be sure to take a photo of the warrant for future reference.
- Feel free to record the interaction only if you feel safe doing so and do not interfere with the officers’ duties.
- If you are with someone else, ask them to record the interaction.
What If You Are Approached in Public?
ICE can enter public spaces without a warrant. When in public, you are not required to speak to ICE officials. If approached by ICE, you must remain calm and respectfully ask, “Am I free to go?”
If ICE complies, you are free to leave without answering any questions.
If ICE does not comply, you have the right to remain silent.
ICE agents can pat you down above your clothing for their safety. However, you do not have to consent to the search beyond that without a warrant. If they proceed after you have denied permission, document and/or record this interaction for future reference. You may not be able to stop them, but it is essential to have proof that they violated your rights.
Also important to note:
- If you are with multiple people and are asked by ICE to group by immigration status, DO NOT move.
- Avoid provoking any interactions with law enforcement, i.e., jaywalking, speeding, driving without a license, or driving under the influence.
What If You Are Approached at Work?
You also have rights during an ICE encounter in the workplace. If you are an at-risk individual, take the time to talk with your employer and fellow employees and educate them as to your rights. Your employer can deny ICE entry to the workplace without a valid warrant and discuss which employees are authorized to grant permission to enter private spaces. It’s important to work with your employer in advance so you are on the same page in the case of an encounter.
In the workplace:
- ICE can enter a public area without a warrant.
- If you are in a workplace, ICE must have a judicial warrant to access employee-only areas. Clearly, label private spaces with signs.
- Work with your employer to ensure that ICE does not grant permission to enter employee-only areas in the workplace.
- Do not provide any sensitive information about your colleagues.
- Advocate for creating safe, private spaces that require employer permission to enter.
Creating an Emergency Plan
You never know when you may have an encounter with immigration officials. Creating an emergency preparedness plan is perhaps the most important preemptive measure one can take to be prepared.
“An emergency plan is important because unfortunately, if somebody is detained, stopped, and questioned on the street… how is the family going to know why that family member never showed up again?” says Alma Rosa Nieto, an immigration attorney with more than four decades of experience.
“It’s important that they have a plan so they know one person they’re going to talk to, and that person relays the information to other people, as well as peace of mind, but also calling an attorney so that that attorney can find the person that’s detained and advise them on what the next steps should be,” says Rosa Nieto.
Emergency plans can vary from person to person, depending on the circumstances of the individual, but they are designed to help alleviate some of the stress surrounding a possible encounter with ICE. It is important to tailor your emergency plan to best fit your situation and ensure it works best for you.
This may help you start your emergency plan:
- Create a list of emergency contacts you can rely on.
- Write down important medical care instructions for yourself and your family.
- Memorize your attorney’s contact information in case of an urgent situation.
- If you have children, prepare and plan with loved ones to create a plan in case you are detained.
Additionally, gather and organize the following documents and information, ensuring they’re in a centralized and designated area:
- Passports.
- Animal care plan.
- Medical information.
- HIPAA authorization for a trusted contact.
- Immigration documents.
- Criminal records (court documents).
- Power of attorney.
- Copies of civil documents.
- Proof of living in the US for more than two years.
Ultimately, the most valuable tool in your toolkit will always be learning and practicing your right to protect yourself during an encounter with ICE.
Knowing and practicing your rights as a person at risk of deportation is essential. Growing fears surrounding ICE arrests and the Trump administration’s push to step up deportations have sparked a “Know Your Rights” frenzy, according to Bonilla Fuentes.
“As we’ve seen in the news, immigration enforcement officers say immigrants are too well educated on their rights… So that means that it’s working, right? It is a line of defense. We’re not falling victim to the common tricks and ruses that immigration uses,” says Bonilla Fuentes.
Bonilla Fuentes believes that being readily prepared is crucial, “These are things that can protect us and can be a make-or-break moment of determining whether you’ll fall into detention or not… It’s critical that we know our rights so that we can try to protect ourselves as much as we can.”
Editor’s Note: This guide is based on interviews with immigration experts on how to handle encounters with ICE officers and is not intended as legal advice. For legal assistance on campus, please contact the USC Gould Immigrant Legal Assistance Center (ILAC). ILAC offers free, confidential consultations, legal assistance, and referrals to USC students, staff, faculty, contract employees, and their immediate family members. To schedule an appointment, call 213-821-9627, email iclinic@law.usc.edu, or visit their website.