A knock at the door from immigration officers can be one of the most frightening experiences for immigrant families. Whether you have legal status, a pending case, or are undocumented, knowing your constitutional rights can make a critical difference in protecting yourself and your loved ones.

This guide explains exactly what to do if Immigration and Customs Enforcement (ICE) comes to your home, what rights you have regardless of your immigration status, and how to prepare your family for this situation.

⚠️ Important

The information in this article is for educational purposes only and does not constitute legal advice. Every situation is different. If you or a family member is detained, contact an immigration attorney immediately.

Your Constitutional Rights Apply to Everyone

The United States Constitution protects everyone on U.S. soil—not just citizens. The Fourth Amendment protects you from unreasonable searches, and the Fifth Amendment gives you the right to remain silent. These rights apply whether you are a U.S. citizen, green card holder, visa holder, or undocumented.

🛡️ Fourth Amendment

Protects against unreasonable searches and seizures. Officers generally cannot enter your home without your consent or a valid warrant signed by a judge.

🤐 Fifth Amendment

Gives you the right to remain silent. You do not have to answer questions about your immigration status, where you were born, or how you entered the country.

Step-by-Step: What to Do If ICE Knocks

1. Stay Calm and Don't Open the Door

You are not required to open your door to immigration officers unless they have a valid warrant. Keep the door closed and speak through the door or a window. Ask: "Are you with immigration?" and "Do you have a warrant signed by a judge?"

2. Ask to See the Warrant

If officers claim to have a warrant, ask them to slide it under the door or hold it up to a window. There are two types of warrants, and the difference matters:

  • Judicial Warrant (valid for entry): Signed by a federal or state judge. Will say "United States District Court" at the top. Lists the specific address. Officers with this warrant CAN legally enter.
  • Administrative Warrant (NOT valid for entry): Signed by an ICE supervisor, not a judge. Often called an "ICE warrant" or Form I-200/I-205. This does NOT give officers the right to enter your home without consent.

💡 Key Point

An ICE administrative warrant (Form I-200 or I-205) is NOT the same as a judicial warrant. ICE cannot force entry into your home based solely on an administrative warrant. You can legally refuse entry.

3. Exercise Your Right to Remain Silent

You have the right to remain silent. You do not have to answer questions about:

  • Where you were born
  • Your immigration status
  • How you entered the United States
  • How long you have been here
  • Your name (in most states, though some require identification)

If asked questions, you can say: "I am exercising my right to remain silent. I do not wish to answer questions without my attorney present."

4. Do Not Sign Anything

Do not sign any documents without first speaking to an attorney. Some documents may waive your rights or agree to voluntary departure. If pressured to sign, say: "I do not wish to sign anything without speaking to my lawyer."

5. Do Not Lie or Present False Documents

While you have the right to remain silent, you should never lie to federal officers or present false documents. This can result in criminal charges and make your immigration case significantly worse.

6. Remember Badge Numbers and Details

If possible, note the officers' badge numbers, names, and agency. Write down the time, date, and what was said. This information can be important for your attorney later.

If Officers Enter Your Home

If officers enter without consent or a valid judicial warrant, do not physically resist. Clearly state: "I do not consent to this search." Your attorney can later challenge an illegal entry in court.

If officers have a valid judicial warrant for a specific person, do not obstruct them. However, they can only search areas where that person could be found—they cannot search drawers, closets, or other areas unrelated to finding the named individual.

If You or a Family Member Is Detained

If someone in your household is taken into custody:

  1. Get the person's A-Number (Alien Registration Number) if possible
  2. Find out where they are being taken—ask the officers directly
  3. Contact an immigration attorney immediately
  4. Call the ICE detainee locator at 1-888-351-4024 or use the online locator
  5. Do not discuss the case with anyone except your attorney

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Time is critical. We handle emergency bond hearings and can fight for release.

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Prepare Your Family Now

Don't wait for a crisis. Take these steps to prepare your family:

Create a Family Safety Plan

  • Memorize an emergency contact number—an attorney, family member, or community organization
  • Know your A-Number (if you have one) and keep a copy in a safe place
  • Prepare a power of attorney for childcare if you are detained
  • Keep copies of important documents (birth certificates, passports, immigration papers) with a trusted person
  • Teach children what to do—who to call, not to open the door, basic safety information

Know Your Local Resources

Identify community organizations, legal aid services, and immigrant rights groups in your area that can provide assistance. Many offer free "know your rights" workshops and have rapid response networks.

Special Situations

At Work

ICE can conduct workplace raids but generally needs a judicial warrant to enter non-public areas. You have the same rights at work—you can remain silent and do not have to answer questions about your status. If possible, calmly walk to a public area.

On the Street or in Public

In most situations, you can ask "Am I free to go?" If the officer says yes, calmly walk away. If detained, you still have the right to remain silent. Do not run or physically resist.

At the Border or Airport

Different rules apply at ports of entry and within 100 miles of the border. Officers have broader authority in these areas. However, you still have the right to remain silent and the right to an attorney if detained.

What About "Sanctuary" Policies?

Some cities and states have policies limiting local law enforcement cooperation with ICE. However, these policies vary widely and do not prevent federal immigration officers from operating in those areas. Know the specific policies in your jurisdiction, but do not assume you are protected from federal enforcement.

Get Legal Help

If you are facing immigration enforcement, have a family member in detention, or want to understand your options, contact an experienced immigration attorney. At Modern Law Group, we handle:

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Modern Law Group has helped over 10,000 families navigate the U.S. immigration system. Our attorneys are experienced in deportation defense, bond hearings, and federal habeas corpus litigation.

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