Federal immigration enforcement has intensified nationwide with Immigration and Customs Enforcement (ICE) operations occurring in workplaces, residences, religious institutions, traffic stops, courthouses, and public areas across the country.
Enforcement priorities and tactics can shift quickly depending on federal directives and political leadership, and large-scale enforcement actions—often referred to as “raids”—have been reported in multiple states.
That is why in this political environment, preparation and education are critical. Regardless of immigration status, every person in the United States has constitutional rights. Knowing how and when to assert those rights calmly and correctly can significantly affect the outcome of an ICE encounter.
Warrants: Knowing the Difference
Before allowing ICE into a private space, determine what type of warrant the officers possess, or if they even have one at all. There are several types of warrants an ICE officer may have and each type of warrant gives officers different authorities.
- Judicial Warrant
A judicial warrant is the only type of warrant that permits forced entry into a private residence. It must:
- Be signed by a federal judge or magistrate.
- Authorize ICE to enter the specific private location listed on the warrant.
- Accurately list the address and the individual(s) sought, or items to be searched or seized.
2. Administrative (ICE) Warrant
An administrative warrant is the type of warrant that is signed by an officer and does not need the authority of a judge. Usually it is:
- Issued by the Department of Homeland Security (DHS) officers such as ICE officers.
- Often labeled Form I-200 or I-205.
- Does NOT authorize entry into private areas without consent.
- Signed by an officer—not a judge.
You are not required to open the door for an administrative warrant.
3. No Warrant
ICE has a right to enter public spaces. However, they cannot enter private areas (homes, nonpublic workspaces) without consent. Always ask officers to slide the warrant under the door or hold it up to a window for review. Do not open the door to examine it.
Your Rights During an Encounter
All persons in the United States—citizens and non-citizens alike—have constitutional protections.
You Have the Right to Remain Silent
You are not required to answer questions about your immigration status. Remember that anything you say can and will be used against you in immigration proceedings. You can say, “I am exercising my right to remain silent.”
You Have the Right to Ask for an Attorney
Anytime you are being questioned by an officer, you can request the presence of an attorney. Unlike Miranda rights in a criminal proceeding, the government is not required to provide you with an attorney so be prepared to have an attorney’s name and number ready for you to call. Remember that anything you say can and will be used against you in immigration proceedings. You can say, “I am not answering any questions without my attorney present.” Be prepared to share the attorney’s name and number immediately. The officers are not obligated to provide you a list of attorneys for you to contact.
Do Not Provide False Information
Never lie or present false documents to ICE agents. Do not falsely claim U.S. citizenship. Doing so can result in severe consequences, including permanent inadmissibility, deportation and criminal prosecution which may include jail time and fines.
Stay Calm
- Do not run.
- Do not resist physically.
- Keep your hands visible.
- Do not interfere with officers, even if you believe your rights are being violated.
If ICE Knocks On Your Door
- Do not open the door.
- Ask officers to identify themselves.
- Request to see the warrant.
- Verify whether the warrant is signed by a judge.
- If there is no judicial warrant, you are not required to allow officers entry into a private space.
Teach children and other household members not to open the door to law enforcement without speaking to an adult.
If You Are Stopped in a Vehicle or Public Space
Determine Who Is Stopping You
ICE officers may identify themselves as “police.” You may ask:
- “Are you with ICE or CBP?”
- “Am I free to leave?”
If you are free to leave, calmly walk away.
If You Are a U.S. Citizen or Lawfully Present
- You should be prepared to provide proof of status (passport, green card, visa or work permit).
- Lawful permanent residents over 18 should always carry proof of status.
If You Are Undocumented
- You have the right to remain silent.
- You do not have to answer questions about where you were born or how you entered the country.
If You Witness ICE Activity
- Move to a safe indoor location.
- You may record from a safe distance if you do not interfere.
- Do not obstruct officers’ operations.
- Do not spread unverified information online.
As many people around the country have been doing, you have a right to protest ICE, as long as you do not interfere or block their operations. Interference with federal agents can lead to an arrest, criminal charges or civil fines. Aggressive retaliation from ICE agents is also possible. That is why it is important to keep your distance.
Prepare a Safety Plan
Given the increased enforcement activity nationwide, advance planning is essential to protect you and your family in case of an arrest or detention.
Emergency Planning
Be prepared ahead of time because in times of stressful situation, you need to provide your family and loved ones with critical information.
- Memorize important phone numbers such as your loved ones or your attorney.
- Identify an emergency contact to contact in case you cannot get a hold of your family members.
- Provide written authorization for someone to make medical and legal decisions for your children.
- Ensure schools or daycare facilities have updated emergency contacts.
- Make sure you have updated travel documents and passports for your children in case you want them to join you in your home country after you are detained and deported.
Locate a Detained Individual
If you learn that a family member or a close friend was detained by ICE, here are the quickest methods to attempt to locate them.
- Use the ICE Online Detainee Locator at https://locator.ice.gov/odls/#/search
- If you cannot locate your loved ones through the immigration detainee location, try Vinelink.
Rights In Public Spaces in Michigan
Under the Michigan Elliott-Larsen Civil Rights Act, places of public accommodation—including businesses and certain private clubs—must provide services without unlawful discrimination.
- A “public place” is generally an area accessible to the public (streets, parks, businesses open to the public).
- A “private place” is a location where a person has a reasonable expectation of privacy (home, private office, nonpublic workspace).
ICE may enter public areas of businesses but generally cannot access private areas without consent or a judicial warrant.
When to Contact an Attorney
Contact an attorney immediately if:
- ICE has detained you or a family member.
- ICE presents a judicial warrant.
- You receive a Notice to Appear (NTA) for immigration court proceedings.
- You are asked to sign any immigration documents.
- You are pressured to accept voluntary departure.
- You believe your civil rights were violated.
Do not sign any documents without first consulting counsel. Contact an attorney immediately if ICE appears at your premises to ensure compliance while protecting your rights.
For more information about interacting with ICE, visit
ICE on University Campuses: Know Your Risks & Fight Back! – National Lawyers Guild
If you or a family member need information regarding a specific case or the assistance of experienced attorneys fighting for people like you every day, call our 24-7 English/Spanish line at 248-951-2450 or reach out to us at Atiya Law.