Interacting with ICE & Law Enforcement (EN/ES)

• Keep the door closed. Ask the agents what organization/agency they are from and what they have come for. (Opening the door does not give the agents permission to come inside, but it may be safer to speak to agents through the door.)
   
• If the agents don’t speak your language, ask for an interpreter.
  • “I need a [language] interpreter to understand you.”
     
• If the agents want to enter, ask them if they have a warrant signed by a judge.
  • If they say they have a warrant, ask them to slip the warrant under the door or hold it up to a window. Look at the top and at the signature line to see if it was issued by a court and signed by a judge. Only a judicial warrant naming a person in your residence and/or areas to be searched at your address is enough for entry into your home.
  • If they do slide a warrant or any other document under your door, take a picture of that document. An administrative warrant of removal from immigration authorities like DHS or ICE (Form #205) is NOT enough for agents to enter your home.
  • If they do not have a signed court-issued warrant, you may refuse to open the door.
    • Say: “I do not consent to your entry.

• ICE may attempt to enter your house through a ruse and/or by force.
   
• Do not attempt to resist or run. The most important thing is to remain safe. Use your best judgment when it comes to avoiding conflict or aggression from agents. Physically, you should comply with requests but make clear verbally that you do not consent to their actions.
   
• Do not lie or show false documents. You are not obligated to answer questions, and everyone in the home has the right to remain silent. Lying and/or presenting false documents can have serious consequences, including jeopardizing future pathways to citizenship.
  • If you want to exercise your rights, say: “I do not consent to your entry or any searches. I am exercising my right to remain silent, and I will not talk without a lawyer present.” (Repeat this as needed, but do not say anything else.) 
     
• Do not offer any personal information. Don’t tell agents anything about your immigration status, country of origin, or anything else that may hurt your case later on. Do not hand over your important documentation (passports, birth certificates, etc.) to any officers who do not have a warrant. It is in your best interest to invoke your right to remain silent until you can speak with a lawyer.
   
• Do not sign any papers without speaking to a lawyer. Signing the wrong document may be the difference between immediate deportation and remaining in the U.S. Never sign paperwork that you do not completely understand. Assert your need for an interpreter and legal counsel until you receive them.
   
• After ICE leaves, take photos of any damages caused by the agents and write down all the details you can remember about the encounter.

ICE may approach you or a loved one in public. They might call your name to confirm your identity. In many cases, ICE agents are not in uniform. If you are stopped and unsure which agency they represent, ask them to identify themselves. 

During an Encounter

• Ask the agents: "What agency are you with and am I free to go?"
  • If they say yes, walk away immediately and do not answer any questions. 
  • If they say no, do not resist or run. Avoid any actions that could be interpreted as resistance or escalation. 
    • Say: “I am exercising my right to remain silent, and I want to speak to a lawyer.” Even if you currently don’t have a lawyer, still ask to speak with one.
    • If ICE searches your belongings, say: “I do not consent to a search of my belongings.”  
• Witnesses have the right to film and take photos during the encounter, as long as they do not interfere with the arrest and clearly indicate they are recording. 

After an Encounter

After an encounter with ICE or other law enforcement agencies, it is important to document what happened. If you are injured, seek medical attention immediately. Be sure to document your injuries and request copies of your medical report. In addition to injury-related details, record key information such as:

• The agency you encountered,

• Officer(s) name and badge number,

• Patrol car license plate, and

• Contact information for any witnesses.

Gathering as much information is crucial to future immigration court proceedings, or if you think your rights were violated.  

If You Think Your Rights Were Violated 

If you feel that your rights have been violated, you can file a complaint with the agency’s internal affairs division or civilian complaint board.  

You can also reach out to the ACLU of Delaware by filling out the online intake form or downloading and mailing the form to 100 West 10th St, Suite 706 Wilmington, DE 19801.  

If ICE Arrests You

Whether ICE stops you in public or shows up at your house or workplace, a stop by ICE could happen out of nowhere. It is important for you to be prepared on how to respond during an encounter and if you are arrested.  

During an Encounter 

• Ask if you can leave.
  • If you can, turn and walk away without saying anything.
  • If you cannot leave, say: “I am exercising my right to remain silent, and I want to speak to a lawyer.”   
• If you encounter ICE or law enforcement, you have the right to document and record the encounter. 

If You Are Arrested 

• ICE may attempt to get you to sign documents since you are in their custody. Do not sign anything without a lawyer present. 
  • ICE has attempted to get individuals in their custody to sign documents stating their consent to leave the United States, often presenting these forms in English rather than the individual's language. Do not sign anything you cannot read or understand.
  • Keep all documents and record all important information.
• ICE agents will likely transport you to an ICE office for further questioning before determining whether to initiate an immigration court case or place you in detention.
  • Do not answer any questions without a lawyer present. If needed, state again that you are exercising your right to remain silent and that you wish to speak to your lawyer.  
  • ICE offices in Delaware:
    • Dover, 210 Beiser Blvd. Dover, DE 19904.

If ICE Arrests a Loved One

If ICE arrests a loved one, visit locator.ice.gov to find out where they are being held. The search function should be available within 24 hours of their arrest. On this website, you can choose to search by a person’s “A Number” or their name and country of birth.  

When you speak to your loved one, ask them the following questions. Make sure to document their answers in as much detail as possible.

• Where are you?  
• Do you need medical attention? 
• What law enforcement agency arrested or detained you? 
• What papers have you been given and what do the papers say?  
• Do you have court dates or hearings scheduled?  
• Have you spoken with an attorney?  

Creating an emergency plan is one of the best ways to be prepared if you are detained by ICE. Consider the following:

• Find a reputable lawyer who can represent you in case of your detention. If possible, set up a time to meet with them to ensure that they’ll be able to help you.  
  • Talk to a lawyer to find out if you are eligible for any sort of legal status.  
• Make a plan for what to do if you are missing, arrested, or detained. 
• Make copies of all important documents and keep them in a safe place.
  • Ensure that a trusted individual has access to these documents. It is best if the trusted individual has legal status, in case they need to bring these papers to where you are being held.  
• Important documents to keep on hand:
  • Work authorization,
  • Copies of identification,
  • Passports,
  • Copies of any other immigration papers, including receipt notices for any pending cases and approval notices for family petitions,
  • Birth certificates (with English translations),
  • Marriage certificates (with English translations),
  • Social Security cards,
  • Documents related to criminal arrests or cases,
  • Name and contact information for attorneys who have represented you in the past, and
  • Other important information such as a list of medications family members take. 
• Make a plan for your childcare if you are detained. 
  • If your child is a U.S. citizens, decide whether you want them to stay in the U.S. or leave with you if you are deported. 
  • If they stay, identify a trusted person to care for them.  
  • Add this person to the list of pick-up and drop off at school, make sure they are added to HIPPA forms at doctors’ offices.  
  • Consider making this person your child’s legal guardian.
    • Here is a overview of guardianship in Delaware. For more information, consult a lawyer.
  • If your child is a U.S. citizen, apply for a U.S. passport.  
• If possible, save money for rent, groceries, medication, and other essential items. If your family’s primary breadwinner is detained by ICE, savings could help in the immediate aftermath.  
• Ensure that every person in your family knows their rights at home, school, in their workplace, and in a public place. Practice what to say and how to respond in different situations.