Immigration attorney Charles Kuck laid out what to do when ICE shows up, and the first rule is about the door. Under the Fourth Amendment, officers cannot enter your home without a warrant signed by a judge. What ICE often carries instead is an administrative warrant on its own letterhead, which does not authorize entry. So ask whether they have a judicial warrant, and if they claim they do, make them show it without opening up.
mic What the Attorney Says
“If they say they do have a warrant, have them either pass it through a window or under the door. Do not open the door.”
If you are approached on the street, two things matter. Never physically resist, even if the stop is wrong, because that only adds a charge. And you can record the whole encounter.
mic What the Attorney Says
“You are 100% allowed to record ICE. If they tell you to stop recording, say, ‘No, I have a legal constitutional right to record you. So, what can I help you with?’”
What you must say depends on who you are. A U.S. citizen has no obligation to discuss immigration status with a state officer. A noncitizen is in a different position.
mic What the Attorney Says
“If you’re not a US citizen, you are required by law to tell that officer your immigration status and present documents of it.”
That obligation ties to INA 264(e), which requires noncitizens to carry their registration document: a green card for a resident, or a passport and I-94 for someone on a visa. If you are detained, ask to call your lawyer, and if you are taken on the street, call out your phone number so family can find you. The realistic caution Kuck adds is that suing ICE for a rights violation is very hard, so protecting yourself in the moment matters more than planning to sue later.
Preparation beats improvisation here: keep the documents for a bond request in a folder before anyone is detained, know who can safely travel while ICE is active, and if you are undocumented and recently arrived, understand the two-year proof-of-presence line for expedited removal.