ICE Raids and Your Rights: What Every Immigrant Needs to Know

With enforcement actions occurring throughout New York City and the United States, many immigrants are understandably frightened. But knowledge is protection. Every person in the United States — regardless of immigration status — has constitutional rights when encountered by law enforcement, including ICE agents.

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Your Constitutional Rights During an ICE Encounter

These rights apply to everyone in the United States, including undocumented immigrants:

The Right to Remain Silent

You have the Fifth Amendment right to remain silent. You are not required to answer questions about your immigration status, where you were born, how you entered the country, or where you live.

You may say: "I am exercising my right to remain silent. I want to speak with an attorney."

The Right to an Attorney

You have the right to an attorney. If ICE arrests you, you have the right to speak with an attorney before answering questions. Unlike in criminal cases, the government will not provide a free lawyer in immigration cases — but you have the right to hire one.

Have your attorney's phone number memorized or written down and kept with you at all times.

The Right to Refuse Entry to Your Home

ICE agents generally cannot enter your home without:

• A judicial warrant signed by a judge (not just a deportation/removal order)
• Your consent

If ICE comes to your door:

• Do not open the door
• Ask to see the warrant through a window or under the door
• A judicial warrant will say "United States District Court" or name a judge — not just an immigration order
• If they do not have a judicial warrant, you can say: "I do not consent to entry."

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What NOT to Do

• Do not run — this can escalate the encounter and result in additional criminal charges
• Do not show false documents — this is a federal crime
• Do not lie to federal agents — lying to federal agents is a crime under 18 U.S.C. § 1001
• Do not sign anything without speaking to an attorney first — you may be signing away your right to a hearing
• Do not open the door unless they have a judicial warrant

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If You Are Arrested by ICE

1. Stay calm and do not resist physically
2. Say clearly: "I am exercising my right to remain silent. I want to speak with my attorney."
3. Do not answer questions about your immigration history, criminal history, or place of birth
4. Ask for a bond hearing as soon as possible
5. Contact an attorney immediately — or have a family member do so on your behalf

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Prepare in Advance

If you are undocumented or have an open immigration case, prepare now:

• Create a family safety plan — designate who will care for your children if you are detained
• Give a trusted person power of attorney to manage your affairs
• Write down your attorney's phone number and keep it with you
• Know your A-number (alien registration number) if you have one
• Do not carry documents that reveal your status unless necessary
• Consult an immigration attorney about your options for relief before an emergency arises

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Contact Our Immigration Defense Attorneys

If you or a family member has been detained by ICE, contact the Law Office of Reyadh Nagi PLLC immediately. Emergency consultations available.

📞 (718) 513-1375) 📍 742 Morris Park Ave, 2nd Floor, Bronx, NY 10462 🌐 Book a Consultation

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