If you are approached by an ICE (Immigration and Customs Enforcement) officer, it is important to understand what my happen and how to respond. ICE Officers can enforce immigration laws, ask you questions, request identification, or attempt to detain you. It’s important to stay calm and know your rights so you can protect yourself and your family, and defend your rights.
Create a safety plan
*pulled copy below directly from the National Immigrant Justice Center
Identify your emergency contacts and memorize their phone numbers.
Some shelters may have plans in mind to help keep you safe. Ask staff if they have protections in mind
Provide your child’s school or day care with an emergency contact to pick up your child.
Provide authorization in writing for your emergency contact to make medical and legal decisions for your child.
Tell your loved ones that if you are detained by ICE, they can try to use ICE’s online detainee locator to find you: https://locator.ice.gov/odls/#/search
Read more about guardianship considerations for immigrants in Illinois (PDF). Read more about guardianship considerations for immigrants in Indiana (PDF).
If you are staying in a shelter or doubling-up and encounter ICE
*pulled copy below directly from the Chicago Coalition to end Homelessness
If ICE officers come to where you are staying, remember that they usually need a warrant signed by a judge to enter private spaces legally. You can ask to see the warrant before opening the door. Make sure the warrant has the correct address and a judge’s signature on it and is signed by a judge.
A valid judicial warrant can be either a search warrant or an arrest warrant and these warrants require prompt compliance. A judicial warrant must specifically describe the place to be searched and the persons or things to be seized. Warrants must be signed by a judge or magistrate, not an officer or ICE agent, or they are not valid. A judicial warrant will include “U.S. District Court” or the name of a State Court in the title.
An administrative warrant is not a judicial warrant
*pulled copy below directly from the Chicago Coalition to end Homelessness
Administrative warrants do not give ICE the authority to enter a private home or to enter other private buildings or areas that are not open to the public. Administrative warrants are not from a court, they are often issued by a federal agency such as the Department of Homeland Security (DHS) or Immigration and Customs Enforcement (ICE).
Administrative warrants do not give officials authority to enter a place where there is a reasonable expectation of privacy, without consent. More information about how to tell the difference between a judicial warrant and an administrative warrant can be found here.
You can ask the officer to slide the warrant under the door or hold it up to a window. If they do not have a judicial warrant from the court, you do not have to let them in. If you are staying in a shelter and ICE or other federal agents arrive, you should alert staff. If they do have a valid warrant, you still have the right to remain silent and ask to speak to a lawyer before answering any questions. The Immigrant Legal Resource Center has a simple script to use in these situations.
It’s very important to avoid running, resisting, or physically interfering with the officer, even if you feel scared or upset. It could lead to additional charges or escalate the situation. Ask someone trusted to document the officer’s name and badge number.
Defend your rights
*pulled copy below directly from the National Immigrant Justice Center
All persons in the United States have constitutional protections, including the right to remain silent when questioned or arrested by immigration officers. Being stopped by immigration officers or other law enforcement can be frightening, but it’s important to stay calm. During any encounter with law enforcement, it’s important to do the following:
Stay calm and don’t run, argue, resist, or fight the officer, even if you believe your rights are being violated or you are being treated unfairly. Keep your hands where police can see them, and tell them if you need to reach into a glove compartment or for a wallet to show your papers.
Don’t lie about your status or provide false documents.
If you are pulled over in a traffic stop: Ask if the officer is from the police department or immigration. Immigration officers often identify themselves as “police,” but they are not police. Ask if they are from Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP). If they are immigration officers, follow these guidelines about what information to provide.
If you are a U.S. citizen or have lawful immigration status: Show your passport, legal permanent resident card, work permit, or other documentation of your status. If you are over the age of 18, you should carry your papers with you at all times.
If you are undocumented: You have the right to remain silent and do not have to discuss your immigration or citizenship status with the police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.
If an officer knocks on your door: Do not open the door. Teach your children not to open the door. Officers must have a warrant signed by a judge to enter your home. ICE “warrants” are not signed by judges; they are ICE forms signed by ICE officers and they do not grant authority to enter a home without consent of the occupant(s).
If you are outdoors and think you see immigration officers nearby:
Move to a safe indoor space
If you are a U.S. citizen and feel safe to do so, record the activity with your phone or write down any relevant information about what you witness—ALWAYS being careful to not interfere or otherwise obstruct the operation
DO NOT:
Post unverified information on social media
Interfere with the investigation or otherwise put yourself in harm’s way
Know your rights and keep them attached to you. We altered the red card to have both Spanish and English. You can download, cut, and share with your community below.
Sample administrative and judicial warrants
Officers must have a judicial warrant signed by a judge to enter your home.
Images from National Immigrant Justice Center’s Know Your Rights: If You Encounter ICE
If you need support:
*pulled copy below directly from both the National Immigrant Justice Center & Chicago Coalition to end Homelessness
24-Hour Emergency Support: Call the Illinois Coalition for Immigrant and Refugee Rights (ICIRR) Family Support Hotline at 1-855-HELP-MY-FAMILY (1-855-435-7693). For additional resources, visit: https://www.icirr.org/community-resources
NIJC legal services for Illinois and Indiana: Chicago residents are eligible for free legal services from NIJC through the City of Chicago Legal Protection Fund. Immigrants in Illinois and Indiana can obtain free or low-cost legal consultations and representation from NIJC.
Nonprofit organizations that provide low-cost help can be found at immigrationlawhelp.org.
The immigration courts have a list of lawyers and organizations that provide free legal services: justice.gov/eoir/list-pro-bono-legal-service-providers-map.
At immi.org/en/Info/FindLegalHelp you can enter your zip code to find a list of all the legal services near you.
You can search for an immigration lawyer using the American Immigration Lawyers Association’s online directory, ailalawyer.com.
The National Immigration Project of the National Lawyers Guild also has an online find-a-lawyer tool: nipnlg.org/work/find-attorney.
*Information for this resource page was pulled from multiple trusted sources including:
Chicago Coalition to end Homelessness
Immigrant Legal Resource Center (ILRC) for their amazing Red Cards