Qué hacer si usted está o podría estar detenido por ICE // What To Do If You Are Or May Be Detained by ICE
The reality of being detained by immigration authorities is frightening and the process by which one might be detained can be confusing. Many people are detained with little warning, and families are left scrambling to figure out what to do next. This guide is designed to help you understand your rights, what to expect, and how to prepare.
This post does not provide legal advice. It is purely educational so that you may better understand the system you may face.
How should I handle interactions with the police or with ICE if they ask me about my immigration status?
Be respectful, stay calm, and do not run. You are allowed to ask for identification to confirm they are who they say are.
You also have the right to remain silent. This does not literally mean you should stay completely quiet; usually it means saying, “I want to stay silent” or “I do not want to answer any questions until I contact an attorney.”
Generally, you have the right to refuse a search of your car or your house unless there is a warrant signed by a judge.
You have the right to refuse a search of your car or your house unless there is a warrant signed by a judge or there is probable cause.
Do I have to open the door to my home for ICE?
Sometimes, it can be hard to tell if
• Do not open the door unless the agents show a judicial warrant signed by a judge. ICE’s administrative warrants (I-200, I-205) do not authorize entry.
• Ask ICE to slip the warrant under the door.
• You have the right to remain silent and may state, through the closed door, that you do not consent to entry.
3. If You Are Detained or Arrested
If detained by ICE, the ACLU states:
• You have the right to contact a lawyer, but the government does not have to provide one.
• You have the right to contact your consulate.
• Do not sign anything without speaking to a lawyer. Many people are pressured to sign “voluntary departure” or stipulated removal orders they do not understand.
• Memorize your A-Number and give it to your family so they can locate you.
• Keep copies of important documents with someone you trust.
If you are arrested by police, you have the right to a government-appointed criminal defense lawyer. This is separate from immigration.
4. If You Believe Your Rights Were Violated
Per the ACLU:
• Write down everything you remember, including officers’ names, badge numbers, vehicle numbers, the agency involved, and any witnesses.
• Seek medical attention if injured, and document injuries with photographs.
• You may file a written complaint with the agency’s internal affairs division or civilian review board, even anonymously.
5. How to Prepare Now
People at risk of detention can take proactive steps:
• Memorize key phone numbers.
• Create a safety plan for children, medication access, and work.
• Give a trusted person permission to access your documents and contact your lawyer if something happens.
• Consider pre-appointing an attorney for immigration communication.
6. What This Blog Is Not
This is not legal advice and does not predict how enforcement will occur. This is general information based on the ACLU’s public “Know Your Rights” materials and other reputable immigrant-rights organizations. Every case is different, and legal advice must be tailored to an individual.
Optional: Limited-Scope Assistance for ICE Interactions
If you prefer proactive support, my office offers limited-scope preparation services for individuals who may fear detention. This can help families organize information before anything happens.
For a flat $100, I can provide:
• A G-28 Notice of Representation for ICE interactions (limited to communication with ICE ERO; not representation in immigration court or future proceedings).
• A brief personalized cover letter notifying ICE that you are represented for purposes of release requests, communication, and location confirmation.
• Guidance on what to provide your family so they know how to reach me if you are detained.
This is not full representation and does not include hearings, court filings, release requests, or bond representation. It is only a tool to help families have a point of contact if a detention occurs.
If you wish to schedule a consultation to determine whether this service fits your situation, please contact my office or visit my scheduling page.
