Know Your Rights During ICE Encounters
As we are in President Trump’s second term, we begin to see some significant changes to immigration enforcement policies. Notably, recently on January 21, 2025, the Trump administration has reversed a Biden-era immigration enforcement policy, allowing Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforcement actions in or near “sensitive locations” such as schools, hospitals, and churches or other institutions of worship.
As the new policy unfolds and the circumstances continuously develop, it is important for everyone, including employers, schools, and places of worship, to be informed of their rights during potential ICE encounters. Preparing in advance by consulting an experienced immigration lawyer and creating a response plan can help you navigate such potential encounters with confidence.
Know Your Rights During ICE Encounters
Everyone living in the United States are afforded certain rights. Generally speaking, when you are encountered by immigration authorities, you are entitled to the following rights regardless of your immigration status:
Right to Remain Silent: You are not obligated to answer questions or speak to the immigration officers. It is advisable to state your intention to remain silent and request to speak with an attorney.
Right to Refuse Entry: Without a valid judicial warrant, ICE agents are not authorized to enter your home or private areas of your workplace without permission. You can request to see the warrant before allowing entry.
Right to Legal Representation: You have the right to speak to a lawyer. Carry the contact information of an experienced immigration lawyer with you at all times. If you do not have a lawyer at the time of an ICE encounter, you may ask the immigration officer for a list of pro bono lawyers.
Right to Not Sign Documents: Do not sign any documents without understanding their content and/or without speaking to a lawyer.
Guidance for Employers
Employers may face ICE actions, such as workplace raids, Form I-9 audits, or arresting of specific individuals. Generally, employers are advised to be proactive by staying informed of the ever-changing immigration enforcement policies and creating a response plan in advance. Here are some general guidelines for employers:
Develop a Response Plan in Advance: Create and rehearse a workplace response plan to ensure all employees are aware of the procedures in the event of an ICE visit. Train your staff.
Understand Form I-9 Requirements: Maintain compliance by verifying employee documentation and properly storing records as required by law.
Know Your Rights as an Employer: If ICE agents arrive without proper authorization, you are not required to grant access to non-public areas. Request to see a warrant and/or consult a lawyer before proceeding.
Stay Connected and Offer Support: Establish connections with local immigration support networks and provide assistance and/or resources to employees who may be impacted by immigration enforcement actions.
General Online Resources
Organizations including the National Immigration Law Center (NILC) and the American Immigration Lawyers Association (AILA) have developed guides and flyers to provide general, practical advice to the public. Below are some informational materials that are available for download and have Chinese translation:
“A Guide for Employers: What to Do if Immigration Comes to Your Workplace” by NILC.
“Know Your Rights Handouts: If ICE Visits a Home, Employer, or Public Space” by AILA.
These materials are for general informational purposes only and do not constitute legal advice. By mentioning these materials in our article, we intend to bring your attention to this recent immigration enforcement policy change and your rights. We do not endorse any of these materials. These general resources are not inclusiveand are not meant to substitute legal help. If you are potentially impacted by any immigration enforcement policy changes, we strongly recommend you to seek the advice of a competent, licensed immigration lawyer.
Immigration law is an ever-changing area of law; thus, we highly recommend you to work with a legal counsel for the most up-to-date and detailed information. It will save you valuable time and frustration in the process. We are looking forward to working with you in meeting your immigration needs. Contact us.
This article is also available in Traditional Chinese and Simplified Chinese.
Disclaimer: The information on this website is provided for general informational purposes only and is subject to change without notice. It does not, and is not intended to, constitute legal advice. Accessing or using information on this website does not create an attorney-client relationship between you and the Firm, and it is not intended to do so.
