What to Do If ICE Comes to Your Door: A Constitutional Rights Guide

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An ICE visit to your home is one of the most frightening experiences an immigrant family can face. But knowing your constitutional rights — and exercising them calmly — can make a critical difference in the outcome. Here is what you need to know.

Before You Open the Door

You are under no obligation to open your door to ICE unless they have a judicial warrant signed by a judge. An administrative warrant (Form I-200 or I-205) signed by an ICE officer does not give agents the right to enter your home without your consent.

  1. Keep the door closed. Speak through the door or a window.
  2. Ask: “Do you have a warrant signed by a judge?”
  3. Ask to see it. Officers can slide it under the door or hold it to a window.
  4. Check the warrant. A judicial warrant will be signed by a federal judge, list a specific address, and be issued by a court (not DHS or ICE).
  5. If they have a judicial warrant: You must allow entry. Remain calm and exercise your right to remain silent.
  6. If they do not have a judicial warrant: You may decline to open the door. State clearly: “I do not consent to your entry.”

Your Rights During an Encounter

  • Right to remain silent. You do not have to answer questions about your immigration status, country of birth, or how you entered the U.S.
  • Right to an attorney. State: “I want to speak to my attorney before answering any questions.”
  • Right to refuse consent to search. State: “I do not consent to a search.”
  • Right not to sign anything. Do not sign any documents, especially a voluntary departure form.

If You Are Arrested

  • Remain calm. Do not resist physically.
  • State your name only. Invoke your right to remain silent for all other questions.
  • Ask for your attorney or a list of free legal services.
  • Remember your A-number (alien registration number) if you have one.
  • Do not provide information about other family members or their immigration status.

Prepare Now

  • Memorize your attorney’s phone number
  • Create a family emergency plan including childcare, financial access, and document locations
  • Designate a trusted person with power of attorney
  • Keep important documents in a safe, accessible location
  • Talk to your children about what to do (without frightening them unnecessarily)

Request a free case evaluation to assess your risk and prepare a plan.