KYR: Interacting with ICE & Law Enforcement (EN/ES)

In Delaware and other parts of the United States, you have rights and legal protections even if you are not a U.S. citizen. Regardless of your immigration status or documentation, you’re entitled to fair and equal treatment under the law.

U.S. Immigration and Customs Enforcement (ICE) agents and other law enforcement officers may not always respect or honor your rights. Knowing what rights, you have is one of the best ways to protect yourself and your family. Here’s what you should do if you encounter ICE agents in your community.

In this document, we include a number of phrases that you should say during any interaction with law enforcement. Saying these exact phrases are very important and could be important in immigration court if the agents didn’t listen/respect those phrases.

Looking for more? Visit our national website.

KYR: Immigrants' Rights

We Have Rights

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We Have Rights: When ICE is Outside our Doors

ICE agents may come to your home looking for you or a loved one. They will try a number of tricks to get you to open the door. This video will help you understand what your rights are if ICE agents come to your home and what you can to try to prevent them from entering.

More in this series

ACLU has joined forces with Brooklyn Defender Services to create and distribute a series of powerful and informative videos based on true stories to provide real life action points for what to do when ICE is outside our doors, is in our homes, stops us in our communities, and/or arrests us.

These videos are available in English, Spanish, Urdu, Arabic, Haitian Creole, Russian, and Mandarin.

View all videos

1. If ICE Comes to Your Door

A.If ICE Comes to Your Door

A.
  • 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.

2. If ICE Forces Their Way into Your Home

A.If ICE Forces Their Way into Your Home

A.
  • 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.

Legal Resources:

Immigration Law Firms in Delaware

Immigrant Bail/Bond Funds

Community Resources:

Delaware Organizations & Nonprofits Serving Immigrants

National Organizations & Nonprofits