Advice from ACLU Southern California
Do not open the door
You are not legally required to let them in unless they have a warrant.
Ask why they are there
If you don’t speak English, you have the right to an interpreter.
If they want to enter, ask to see a warrant
There are two kinds of warrants: search and arrest.
- A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed.
- An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person listed is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent.
Ask the officer to slip the warrant under the door or hold it up to the window, so you can inspect it
They might show administrative forms (I-200 and I-205). But if they don’t have a warrant signed by a judge, you may refuse entry.
Check for signature by judge
- If it’s a search warrant, make sure it is for your address; if not, you don’t have to open.
- If it’s an arrest warrant, make sure it is for someone who lives at your address; if not, you don’t have to open.
Even if officers have a warrant and you have to let them in, you have the right to remain silent
Say: “I plead the Fifth Amendment and choose to remain silent.”
If they force their way inside, don’t resist
Remain calm, but don’t share any information.
If you’re arrested, remain silent
You’re entitled to speak to a lawyer before cooperating and most importantly, keep calm because YOU HAVE RIGHTS, EXERCISE THEM.
If ICE is at your workplace:
Do NOT consent
State that you do not consent to a search. ICE can enter areas open to the general public (dining area, parking lot, waiting room) of a business without permission. But that does not give ICE the authority to detain, question, or arrest anyone.
Ask if they have a warrant
If agents don’t have a warrant, calmly ask them to leave. Advise workers that they have the right to remain silent and do not have to answer questions, but do not direct anyone not to answer questions.
If ICE has a SEARCH warrant signed by a judge:
Make sure the warrant has the correct address for your workplace. Review the warrant to see what areas and items ICE is authorized to search. ICE is not authorized to search areas or inspect items that are not described in the warrant.
Stay calm
Do not run, ICE can use that as a reason to arrest you. Do not encourage anyone to escape or hide.
Know the law
Under California law, employers cannot turn over employee records or voluntarily allow immigration agents to enter non-public areas of the workplace without a judicial warrant.
Ask to see identification
Write down the name, contact information, and badge number of officers or agents. If the agent refuses to provide documentation, you should note that as well. Document any violence or abuse. Document the details of the search, and persons or property taken. Call the rapid response hotline in your area.
Additional Resources
- Mobile Justice App: Download the free Mobile Justice app to record interactions with law enforcement and immigration officials and have Know Your Rights information at your fingertips.
- We Have Rights videos: Videos with information on what to do when interacting with ICE in:
- Local Rapid Response Hotlines:
- Los Angeles 888-624-4752
- Orange County 714-881-1558
- San Bernardino/Riverside 909-361-4588
- Central Valley 559-206-0151
- Kern County 661-432-2230
- CHIRLA 213-353-1333
- ORALE (Long Beach) 562-276-0267
- Immigrant Rapid Response Hotline 805-870-8855 (Santa Barbara, Ventura & San Luis Obispo)
- Find a Person in Detention:
- Access ICE’s online detainee locator at https://locator.ice.gov
- Call the ACLU Southern California field office at 213-830-7911
- Be Prepared. Make sure your family knows:
- Your A number so they can find you if you get arrested
- The phone number of a trusted resource for immigration legal advice
- Which friends and relatives can help with family obligations
Transcription
We’ve heard a lot of really concerning reports but there are three main issues that we are particularly concerned about.
First, ICE agents typically show up to a home carrying what’s called an administrative ICE warrant or a warrant for removal or deportation for a particular person.
This is confusing because while it does say warrant it is not a warrant in the sense of allowing officers to enter your home.
In order for officers to enter your home without your permission, they need to have a warrant that’s signed by a judge.
If they say that they do, ask to see it.
They could slide it under the door or they could show it to the window and you should see is there a signature from a judge.
Does it have my address on it? Does it list the name of someone inside the home?
If it does then the officers can enter your home without your permission, but if it does not and they only have what’s called an ICE warrant you do not need to let them enter the home.
ICE agents could enter your home regardless of whether you give them permission or whether they have a warrant signed by a judge. In that case it’s very important to not resist to be calm and to remember that we all have rights regardless of whether you have documents or not.
And most importantly you have the right to remain silent.
Second, we’ve also heard reports of ICE agents posing as local police. You should make sure to ask what agency the agents are from. Are they immigration are they your local police department? But regardless of whether they are immigration or local police they still need either your permission or a warrant signed by a judge to enter your home.
And again you always have the right to remain silent.
Third, we’ve also heard reports of ICE questioning and detaining people who are not the target of their visit. This could be passengers in a vehicle or other residents of a home for whom ICE has no information.
If you are not suspected of any immigration violation or of any crime, time there is no reason for ICE to be able to detain you.
If you are the passenger of a vehicle or you are another resident in a home, you should ask if you’re free to leave.
If the officer says no, then you are being detained and you should remember, as always, that you have the right to remain silent.
