ICE is being weaponized to silence protests and crush dissent. But remember that no matter who you are—whether you’re a citizen, have a visa, or don’t have any legal papers—you still have rights. Stay calm, know the rules, and follow these steps to protect yourself and your loved ones.
If you are *not* a US Citizen:
- Stay calm and be polite: Do not give them a reason to use force or arrest you. Try to stay calm and civil.
- Right to Stay Silent: You don’t have to answer questions about where you were born or your immigration status. “I am exercising my right to stay silent.”
- Right to Say No to a Search: You don’t have to let them search your home or car unless they have a warrant. “I do not consent to a search.”
- Do not run or resist arrest: This could be used against you later.
- If you have legal immigration papers: According to the ACLU, if you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you.
- Carry your immigration papers with you. If you don’t have them, the ACLU recommends telling the officer that you wish to remain silent and consult a lawyer before answering questions.
- If you are undocumented: According to the National Immigrant Justice Center, if you are undocumented, “You have the right to remain silent and do not have to discuss your immigration or citizenship status with the police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.”
- Do not lie or give fake documents: This can be used against you later.
- Risk of showing foreign documents: Remember that showing a foreign passport or other document showing your country of origin can be used against you.
- Ask if you are free to leave: Ask if you are being arrested or if you can leave. If they say you can go, just walk away calmly.
- Don’t sign anything without a lawyer: ICE might try to get you to sign papers that lead to your deportation. Do not sign anything without legal counsel.
- Record the Event: If you can, try to record what is happening or write down important details, like the names and badge numbers of the officers.
- Let Someone Know: Tell a friend or family member what’s happening. They might be able to help you.
- Know Emergency Contacts: Keep a list of people, like a lawyer, who can help you in case you’re arrested. Memorize phone numbers of at least two people in the event you don’t have access to your list.
- Ask for a Lawyer: You have the right to have a lawyer. If you are taken away, ask for one.
If they come to your home:
- Ask to See a Warrant: If they want to come into your house, ask to see a warrant. IMPORTANT: It should be a judicial warrant signed by a judge and say exactly where or who they want to search or arrest. According to the ACLU, “An arrest warrant (or an administrative warrant of removal) is not enough to come inside you home.” A warrant NOT signed by a judge is NOT ENOUGH.
- Don’t Open the Door Without a Warrant: If they don’t have a judicial warrant signed by a judge, you don’t have to open the door. You can ask them to show the warrant through a window or slide it under the door.
If you are a US Citizen:
If ICE questions you at a protest and you are a U.S. citizen, here’s information you should know:
1. Stay Calm and Polite
- While you have the right to remain silent (“I am exercising my right to remain silent.”), ICE is not allowed to detain or arrest US citizens based on immigration status.
- You may decide to tell them you are a US citizen. Consider providing documentation such as a copy of a passport or birth certificate.
- If you are a US citizen and are detained or arrested, get the agents’ names badge numbers to file a complaint later. You may consider hiring a lawyer to file a subsequent lawsuit.
2. Ask If You Are Free to Leave
- Politely ask, “Am I free to go?”
- If they say yes, walk away calmly. If they say no, ask why you are being detained.
3. You do not have to show ID unless required
- U.S. citizens do not have to carry proof of citizenship, however in some states, if stopped by law enforcement (not ICE), you may be required to identify yourself.
- NOTE: There are some universities that are requiring you to present identification if stopped at a protest. Familiarize yourself with your university policies.
4. Do Not Sign Anything
- Officers may pressure you to sign documents that could affect your rights. Refuse to sign anything without a lawyer.
5. Record the Encounter
- If it is safe, record the interaction (laws vary by state) and get the officers’ names and identifying employee numbers.
- If there are witnesses, ask for their contact information.
6. Seek Legal Help
- If ICE detains or harasses you, contact a lawyer or a civil rights organization.
Dealing with ICE can be stressful, but staying calm and standing on your rights can make all the difference. Stay strong, stay safe, and stand up for yourself.
