If ICE (Immigration and Customs Enforcement) agents come to your door or appear at your workplace, the most important thing is to stay calm and know what to look for first: what type of order they have.
A court order signed by a judge is not the same as an administrative form signed by an immigration officer, and that difference affects a significant part of what you can do.
You have rights even if you don’t have papers, have an I-220A, an expired parole, or a deportation order. You can choose not to open the door, remain silent, and request to speak with a lawyer. What you should never do is lie, show false documents, or physically resist.
In this guide, we explain step by step how to act at home and at work, what the official rules say, and what has changed this year, as of October 24.
Judicial order or administrative order: the key difference
The Fourth Amendment of the Constitution protects the right of individuals "to be secure in their persons, houses, papers, and effects" against unreasonable searches and seizures. This protection does not depend on your immigration status.
ICE agents can arrive with two very different types of documents:
- Judicial warrant: it is signed by a judge from a court, typically a federal district court. The heading includes the name of the court and at the end is the signature of a judge or magistrate judge.
- Administrative warrant: la firma un funcionario de inmigración, no un juez. Las más comunes son el formulario I-200 (orden de arresto) y el I-205 (orden de deportación). Según el federal regulation (8 CFR 287.5), las órdenes de arresto migratorio las emiten funcionarios del propio Departamento de Seguridad Nacional (DHS), como los directores de las oficinas de campo.
The ICE itself acknowledges on its frequently asked questions page that "it does not need court orders to make arrests." This means they can detain you on the street, in a public place, or during an appointment with an administrative order.
Entering a residence is another matter, and that's where this year's legal debate lies.
If ICE knocks on your door
The federal regulation regarding the actions of agents, 8 CFR 287.8, establishes that an immigration officer may not enter a residence, including the surrounding property, to question its occupants about their right to be in the country "unless they have a warrant or the consent" of the owner or the person in charge.
Therefore, your first decision is to not give that consent without thinking it through.
- Do not open the door. Speak through it or through a window. If you open it to let someone in or invite them to enter, that can be considered as consent.
- Ask who they are and what they want. Request that they identify themselves. According to the same regulation, when making an arrest, the agent must identify themselves as an authorized immigration officer and explain the reason as soon as it is practical and safe to do so.
- Request to see the order. Have it slid under the door or attached to the window. Check if it is signed by a judge and if your name and address are correct.
- If they don't bring a court order, you can say that you do not give permission to enter. Do it calmly and clearly: "I do not give my consent for you to enter."
- If you enter anyway, do not resist. Repeat that you do not give your consent, do not run, do not push, and do not obstruct. Then, note down names, license plate numbers, the time, and what happened, and tell your lawyer.
- Silence. Do not answer questions about your country of birth, how you entered, or your immigration status. You can say: "I wish to remain silent and talk to a lawyer."
- Do not sign anything that you do not understand, especially documents in English that discuss voluntary departure or accepting deportation.
What has changed in 2026
In January, an internal memorandum from ICE, leaked to Congress, was revealed that, according to the published information, authorizes its agents to enter homes with administrative warrants without the approval of a judge. Neither DHS nor ICE confirmed its authenticity at that time, and civil rights organizations warn that it could violate the Fourth Amendment.
Judges are also setting limits on arrests without a warrant. In September, a federal judge in California prevented ICE from arresting immigrants without a court order in seven counties in the southern part of that state, unless there is an individual risk assessment for flight. That decision only applies there, not in Florida.
If you have a final deportation order, your situation is more delicate. Speak with a lawyer as soon as possible to find out if there is any way to reopen your case or request protection.
If ICE arrives at your workplace
In a business, the regulations distinguish between areas open to the public (the store, the dining area, the parking lot) and private areas (storage, kitchen, offices).
To enter private areas to interrogate employees, agents need a warrant or the consent of the owner or the person in charge of the place, according to 8 CFR 287.8. This requirement does not apply in public areas.
Additionally, ICE explains on its FAQ page that it does not require a criminal or civil order to conduct an inspection at the worksite, which refers to the review of the company's employment documents.
If you are an employee:
- Don't run or hide: stay calm.
- You can remain silent, and you are not required to disclose where you were born or what your status is.
- Do not show false documents or give a name that is not yours.
- You can respond that you prefer to speak with a lawyer.
If you are the owner or in charge, you are the one who can grant or deny permission to enter private areas. Ask to see the order, and if you have a lawyer, call them before authorizing anything.
If you are arrested: your basic rights
If you are detained and placed in a deportation process, 8 CFR 287.3 requires agents to inform you of the reasons for your arrest and your right to have an attorney "at no cost to the government": this means you can have representation, but you will need to seek it out and pay for it yourself or obtain free assistance.
They should also provide you with a list of free legal services and warn you that anything you say can be used against you.
The regulation also prohibits agents from using "threats, coercion, or physical abuse" to make you renounce your rights or give a statement. Remember that agreeing to voluntary departure or signing a deportation can have serious consequences for returning to the United States in the future.
Regarding what to do in the first hours after an arrest, you can read the advice from a lawyer on what to do if ICE detains you.
Prepare a family plan starting today
The best way to protect your family is to get organized before anything happens
- Memorize the phone number of a lawyer and a family member with legal status. If you are detained, you may not have access to your cellphone.
- Keep copies of your documents handy: I-94 or I-220A, USCIS receipts, court notifications, and your A number (the alien number that appears on your papers).
- Leave instructions about your children: who picks them up from school and who can make decisions for them.
- Teach your family to look for you. El ICE detainee locator permite buscar a una persona con su número A y su país de nacimiento, o con su nombre completo, fecha y país de nacimiento.
- Follow your case in court. Con el número A puedes consultar el estado en el EOIR case information system, la oficina que dirige las cortes de inmigración.
If a family member is detained, their attorney can visit them. According to the ICE page for attorneys, these visits are confidential and to represent someone in a deportation process, the G-28 form must be submitted.
Frequently Asked Questions
Do I have to open the door if they say they are the police? You are not obligated to open the door to talk. Ask them to identify themselves and show you the warrant through the window or under the door.
Can I be arrested if I go to my appointment with ICE? Yes, that can happen. Nevertheless, not showing up violates the conditions of your release and can complicate your case significantly. Go with someone and, if possible, with a lawyer.
Do my rights change if I have a deportation order? You still have the right to remain silent and not sign anything you do not understand, but ICE considers that they can arrest you with an administrative order. Talk to a lawyer as soon as possible.
Aviso legal: este artículo ofrece información general con fines exclusivamente informativos y no constituye asesoría legal. Las leyes y políticas migratorias de EE.UU. cambian con frecuencia. Para evaluar tu caso concreto, licenciado o un representante acreditado por el Departamento de Justicia.
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