An unexpected knock at the door can be unsettling, especially when it’s an Immigration and Customs Enforcement (ICE) officer. Knowing your rights is the most powerful tool you have to protect yourself and your family. This post will guide you through what to do if ICE comes to your home in San Jose, Los Angeles, Houston, Salt Lake City, or ANYWHERE in the U.S. and how you can stay safe. At Familia America, we understand the fear and anxiety that comes with ICE visits, and we are here to support and educate our communities on how to handle these situations.
The United States Constitution provides certain protections to everyone, including non-citizens. These rights include the right to remain silent and the right to legal representation. Understanding these rights will help you handle the situation confidently if ICE knocks on your door.
You do not have to answer any questions or explain anything. ICE officers may ask about your immigration status, where you are from, or for your papers. Remember, your silence cannot be used against you.
What can you say instead? Politely say, “I choose to remain silent and want to speak to a lawyer.” Providing more information, even inadvertently, could be used against you later. This is the trick that ICE uses all the time. Don’t fall into this trap.
You have the right to keep your door closed. ICE officers may ask to come in, but they cannot enter your home without a proper judicial warrant signed by a judge. Ask them to show you the warrant and have them slide the warrant under the door or show it through a window.
Important: Not all warrants are valid. A legitimate judicial warrant will include your name and be signed by a judge. Administrative warrants (e.g., those issued by ICE itself) are not enough for them to enter your home without permission. If ICE has a properly issued search warrant for the residence or business, ICE has the right to enter and secure individuals in the location for safety. However, you are entitled to remain silent if ICE questions you, unless they have a legitimate judicial warrant with your name on it. You have a right to remain silent.
You have the right to ask for a lawyer before answering any questions or signing any documents. Never sign anything ICE gives you without first consulting an attorney, UNLESS ICE IS GIVING YOU A BOND, AND THEN YOU CAN SIGN THAT.
If you feel pressured, firmly say, “I will not sign anything until I have spoken to a lawyer.” This protects you and ensures proper legal guidance.
If you live in a household with children, explain to them their rights, too. Teach them that they don’t have to answer questions or open the door. Make it clear that silence is a way to keep the entire family safe. Get the KNOW YOUR RIGHTS card on the internet and print it out and give it to all of your children, family members and even your neighbors!
Having a plan in place will help everyone remain calm if the situation arises. Role-play with your children so they understand what to say and do. Teach them to show the card and to remain silent. Practicing this is very important.
You have the right to know what information the government has about you. This is done by filing a Freedom of Information Act (FOIA) request. A FOIA request can provide access to records from ICE and other immigration agencies, which may reveal any actions planned against you or your family.
We can help you file a FOIA request and review the records to ensure accuracy. This can be a critical step in protecting yourself. It takes several months to get all your records, so start TODAY.
It’s important to remember that ICE officers may appear calm, professional, or even friendly to gain your trust. Don’t be misled by a kind demeanor. They are working to enforce immigration law, not to help you or your family. Stay cautious and follow the steps outlined here to safeguard your rights. Recently, ICE officers may be in combat gear and carry weapons. Be prepared and be strong in the face of this intimidation. Know your rights.
If ICE came to your door today, would you know what to do? Taking the time to prepare can make all the difference. Here’s how you can get ahead:
At Familia America, we’re here to help individuals and families all over the U.S. Our experienced legal team can guide you through the complexities of immigration law, ensuring you and your loved ones are protected.
Stay safe. Know your rights. Speak to an attorney.
Need assistance? Contact Familia America to schedule a consultation today.
Attorney Gloria Cardenas brings more than 30 years of experience in immigration law to help protect the rights of clients and their family members. She and her knowledgeable team at Familia America work diligently behind the scenes to help process fiancé visa applications as quickly as possible. To learn more, contact the legal professionals at Familia America in Salt Lake City and schedule a consultation to discuss your case.
