Know Your Rights: People experiencing homelessness encountering ICE

Create a safety plan

In preparation for a potential ICE encounter, memorize phone numbers of trusted people you can call in case of an emergency. If you have a child, share emergency contact information with your child’s school or daycare. Let your community know about the ICE Online Detainee Locator System. If you care for someone, learn more about standby guardianship, which would give a temporary guardian the right to make medical and legal decisions for the person under your care.

If you have it, carry with you any evidence of lawful status in the United States or a pending asylum application or other immigration court case or appeal. 

If you are sleeping somewhere public and encounter ICE 

If an ICE officer stops you in public, they might ask for your name, where you were born, or your immigration status. In Illinois, you may be expected to provide your name and address, but it is your right to say, “I choose to remain silent.” The Immigrant Legal Resource Center has a simple script to use in these situations. 

Do not lie or give false documents, as this could lead to serious consequences. Remember that anything you say can be used against you in immigration court. It is your right to ask politely, “Am I being detained?” and “Am I free to go?” to better understand your situation. 

If you are staying in a shelter or doubling-up and encounter ICE

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

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. 

Images from National Immigrant Justice Center’s Know Your Rights: If You Encounter ICE

If you’re detained by ICE

If you are detained, you have the right to contact a lawyer and should avoid signing any documents without understanding what they mean. If you have family members or friends with you, remind them of these rights as well. Knowing your rights and staying calm can make a big difference in how the encounter unfolds. Practicing what to do in advance and keeping a list of important phone numbers, like a lawyer or a trusted community organization, can also help you feel more prepared. Remember, everyone in the U.S. has rights, no matter their immigration status.

Here are some legal resources:

• 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.