Perspectives

Your Rights During an Interaction with ICE

News WFJ Law Firm

Whether you are a U.S. citizen, lawfully present in the United States, or undocumented, you have constitutional rights when interacting with Immigration and Customs Enforcement (ICE). These protections apply to everyone, regardless of immigration status.

Understanding your rights—and preparing in advance—can make a critical difference in high-stress encounters.

Your Rights During an ICE Encounter

You Have the Right to Remain Silent

You are not required to answer questions about where you were born, your immigration status, or how you entered the country.

To protect this right, you must clearly say it out loud. You may state:

“I am exercising my right to remain silent.”

Once you say this, you can stop answering questions.

You Are Not Required to Disclose Immigration Status

You do not have to disclose your immigration status to ICE agents.

If you are not a U.S. citizen and are carrying immigration documents, you may be required to show them if requested—but you still do not have to answer questions.

You Have the Right to Refuse Consent to a Search

ICE cannot search you, your car, or your home without:

  • Your consent, or

  • A valid judicial warrant

If agents ask to search, you may clearly say:

“I do not consent to a search.”

If ICE Comes to Your Home

You do not have to open the door unless ICE has a judicial warrant.

You may ask agents to:

  • Slide the warrant under the door, or

  • Hold it up to a window

A valid warrant must:

  • Be signed by a judge (not an ICE officer)

  • List the correct name and address

If they do not have a judicial warrant, you may state:

“I do not consent to a search.”

You Have the Right to a Lawyer if You Are Arrested

If you are detained or arrested, you have the right to request a lawyer immediately.

Important note: In immigration cases, the government does not provide a free lawyer. However, you still have the right to consult an attorney at your own expense.

You Have the Right to Record the Interaction

You may record ICE agents as long as you do not interfere with their activities.

You also have the right to ask agents to identify themselves as ICE officers.

How to Prepare in Advance

Preparation can reduce confusion and help protect your rights during an encounter.

Consider taking these steps now:

  • Practice clearly invoking your right to remain silent.

  • Store photos of important documents securely on your phone (passport, immigration paperwork, driver’s license).

  • Carry important phone numbers on paper in case your phone is taken or unavailable.

  • Identify a trusted family member or friend who can help secure legal representation if you are detained.

Important Contacts to Keep Handy

  • ACLU of Minnesota
    Phone: 651-645-4097

  • Immigrant Law Center of Minnesota
    Office: 651-641-1011
    Toll-Free: 1-800-223-1368

  • Minnesota U.S. Senators
    Amy Klobuchar: 202-224-3244
    Tina Smith: 202-224-5641

  • Wisconsin U.S. Senators
    Tammy Baldwin: 202-224-5653
    Ron Johnson: 202-224-5323

Need Guidance or Legal Support?

If you would like additional information about your rights during encounters with ICE—or need help understanding your options—Wagner, Falconer & Judd is available to assist.

📞 Minnesota: 612-424-5500
📞 Wisconsin: 262-792-1818

Knowing your rights is a powerful first step. Preparing in advance can help ensure those rights are protected when it matters most.

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