If you or someone you know is arrested or approached by ICE (Immigration and Customs Enforcement), it is critical to understand your rights and how to respond—especially if you fear returning to your home country. Please review the following key points:

 

If ICE Comes to Your Home

• Do Not Open the Door unless they show a valid judicial warrant signed by a judge. ICE warrants (Form I-200 or I-205) are not sufficient to enter your home without consent.

• Ask them to slide the warrant under the door or hold it up to a window.

• You are not required to speak to them or let them in unless they have a judicial warrant.

• You can state: “I do not consent to your entry” and “I choose to remain silent.”

​Do Not Sign Anything Without Legal Advice

• ICE may pressure you to sign documents agreeing to voluntary departure or expedited removal.

• Signing without understanding may permanently affect your ability to stay in or return to the U.S.

• Always ask to speak with a lawyer. 
   

Expedited Removal (INA § 235(b)(1))

• If you are undocumented and were recently apprehended at the border or near a port of entry, ICE may try to remove you without a court hearing through “expedited removal.”

• If you fear returning to your country, you must immediately and clearly state: “I am afraid to return to my country.”

• This will trigger a credible fear interview with an asylum officer. You cannot be deported until that process is completed.
   

Right to Remain Silent

• You do not have to answer questions about your immigration status, nationality, or entry.

• You may say: “I choose to remain silent and want to speak to a lawyer.”

Have a Safety Plan

• Memorize key phone numbers 

• Keep copies of immigration documents and identity records in a safe place

• Notify a trusted person if you are detained so they can assist in locating you

​Don’t Assume You Have No Options

• Even with a prior order of removal or criminal history, there may be legal defenses available, including asylum, withholding of removal, CAT protection, or reopening your case.

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If you would like to schedule a consultation or receive help preparing a family or individual safety plan, please contact me. Note that questions regarding ICE encounters and arrests are separate matters and are billed separately from any existing cases/applications a client may have pending with us. 

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My office does not handle detention, bond or removal hearings. If you or a loved one is detained by ICE, put in immigration jail and removal proceedings are initiated, you must immediately seek an attorney who handles removal/bond hearings.