Changes May be Coming to Immigration Enforcement: Know Your Rights!

On January 20^th, 2025, President-elect Trump will return to the presidency. With his return to office, we anticipate many changes to how immigration officers, particularly the Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE), will enforce the immigration laws. We expect a departure from President Biden’s current enforcement priorities, focused on national security and public safety, to a broader use of enforcement actions. In other words, we may see an increase in ICE’s use of operations to detain and attempt to remove larger numbers of noncitizens.

Regardless of an individual’s immigration status in the United States, citizens and noncitizens alike have several rights guaranteed by the U.S. Constitution and the Bill of Rights. Three of the main rights that are important to know within the scope of immigration operations are:

• Your right to be free from unreasonable searches and seizures by the government. Amongst other things, this means that the government does not have a right to enter your home without a valid warrant signed by a state or federal judge.
• Your right to remain silent. You have a right to refuse to answer questions. If you answer questions, anything you say can be used against you.
• Your right to speak with and be represented by an attorney. However, within the context of immigration, you will need to find an attorney at no expense to the government.

It is important to know these rights and to practice how to use them so that you feel confident exercising these rights when needed. Interactions with ICE or other law enforcement can be stressful and may move at a fast pace, so practicing how to protect your rights is key. For example, if you are exercising your right to remain silent, you need to clearly state “I am exercising my right to remain silent.”

Do note that you may be required to give law enforcement your name. Giving your name may also be important so that friends and family members are able to locate you if you are detained. Although you should otherwise remain silent, consider that if you have a disability or require any kind of medication, you may want to disclose this information for your own safety.

During any interaction with law enforcement, there are certain things you should avoid doing:

• Do not lie! Also, do not give excuses or explanations, just remain silent.
• Do not run or attempt to resist. Calmly ask if you are free to leave and if so, calmly walk away.
• Do not sign any documents without consulting with a lawyer. You could be signing a removal order.
• Do no discuss your cases, particularly your immigration status with anyone except a lawyer. Do not discuss your status with cell mates and even with family members over the phone as these are often unsecured lines.
• Do not carry or present false documents. This could lead to criminal charges and other severe immigration consequences.

While law enforcement, including ICE, have the most authority in public spaces, note that they have very limited authority in private spaces, especially your home. If ICE or any other law enforcement wishes to enter your home, they must either receive permission from you or have a judicial warrant signed by a state or federal judge. Note that opening your door can be interpreted as implied consent to enter your home. For this reason, you should not open the door until you know who is on the other side. You should also teach other family members, especially young children, to avoid opening the door unless instructed to do so by a trusted adult.

Should law enforcement request entry into your home, you have a right to request and inspect any applicable warrant. You can ask officers to slide a warrant under your door or show you the warrant through a window. Inspect the warrant closely to make sure that it has the correct address, is dated, and that it is signed by a state or federal judge. Note that a warrant of arrest issued by the DHS or ICE, even if signed, is not a valid search warrant to enter private spaces, and as such, you do not have to grant access to ICE agents based off these warrants. It is important to know the difference between the two.

This is an example of a valid search warrant that authorizes agents to enter private spaces:

This is an example of a DHS arrest warrant that does NOT authorize agents to enter private spaces:

While you have the most rights in your home, know that you also have certain rights in your place of employment and in other private spaces. It is often up to your employer to decide to what extent they will cooperate or refuse to cooperate with law enforcement, particularly where there is no warrant. Regardless of your employer’s policies, you always have a right to remain silent and to request to speak with a lawyer if you are detained.

Also be aware that you must obey all traffic laws and that individuals should not drive without a valid license. Check with the laws in your state, as many states issue driver’s licenses to individuals regardless of immigration status. Know that drinking alcohol or consuming drugs and driving are considered serious infractions and can have severe consequences. Also be sure to keep your license plate up to date and that your car is road ready. For example, make sure your headlights and taillights are all functioning properly. If you are stopped by law enforcement, you have a right to inquire whether they are local law enforcement or ICE police. If you are stopped by ICE, you do not have to answer questions or provide documentation. Do not provide false documents! Other than giving your name, exercise your right to remain silent and do not speak to ICE without a lawyer. If you are stopped by local law enforcement, you must show a valid driver’s license and insurance.

It may not always be easy to exercise your rights, particularly in high pressure situations. However, if you feel that your rights are violated or if you observe that another’s rights are violated, safely document the incident. Do not interfere with law enforcement operations and do not resist arrest! Do your best to memorize badge numbers, location of the incident, time of day, vehicle license plates, etc. If permitted by state and local law, record the incident from a safe distance on your phone. This information may help your lawyer in fighting to preserve your rights or the rights of another.

Also, in the event you are detained, make sure to memorize key information, such as the telephone number of a family member or trusted individual, given that your cell phone is likely to be taken away. If you have children, makes sure that a trusted adult is listed as the emergency contact and can pick your children up from school. Put important paperwork, such as passports, deeds, custody documents, and immigration documents in a safe location so that a trusted individual can access them. Also be sure to have the phone number of a trusted attorney with the expertise necessary to defend you.

While it’s helpful to know these basics, an in-depth understanding of your full legal rights is essential for peace of mind and protection. Immigration enforcement can be a complicated process, and every situation is unique. That’s why we recommend scheduling a consultation or attending a presentation where experts can give you detailed guidance on what to do if you’re facing immigration enforcement.

If you’re unsure of what to do or just want to be fully prepared, reach out for a personalized, in-depth presentation of your immigration rights. Our team of experts is here to help guide you through the complexities of immigration law and provide you with the knowledge you need to protect yourself.

The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

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