Your Voice is Your Strongest Protection
When ICE agents approached youth baseball players during practice at Riverside Park in Manhattan’s Upper West Side, Harlem Baseball Hitting Academy founder Youman Wilder stepped in after hearing the agents ask the kids “where they [and their parents] were from.” Wilder instructed his players to “implement their Fifth Amendment right and not say anything.”¹ One agent mockingly responded, “Oh, another YouTube lawyer,” but Wilder’s quick thinking protected those children from potentially devastating consequences.¹
This incident underscores a critical reality: following the tragic death of Jaime Alanís Garcia during a chaotic ICE raid at Glass House Farms in California, where the 57-year-old farmworker fell 30 feet from a greenhouse roof while fleeing agents, enforcement operations have intensified nationwide.² With ICE detention numbers soaring and deaths in custody already matching last year’s total with three months remaining, including the recent death of 75-year-old Cuban national Isidro Perez in Miami ICE custody, knowing your rights has never been more critical.³ Your exact words can determine whether you protect your rights or accidentally waive them.
Core Rights at Your Door
ICE cannot enter without a warrant signed by a judge. ICE “warrants” are administrative forms—not judicial warrants. Opening your door does not equal consent to enter.⁴
When ICE agents appear at your door, use these specific phrases: “Please slip any warrant under the door,” “I do not consent to you entering my home,” and “I do not want to answer any questions.“⁵
If they enter without permission, clearly state: “I do not consent to this. Please leave the house” and “I do not consent to this search.” Tell them immediately about children, elderly residents, or medical needs.⁶
ICE Deception Warning
ICE agents frequently lie to gain entry. They often claim to be “police” investigating identity theft, wear “POLICE” vests instead of “ICE,” or say they just need someone to “step into the hallway.”⁷ As documented by 21 state attorneys general, ICE agents now routinely conduct arrests without identifying themselves, often wearing masks and plainclothes while operating unmarked vehicles, creating dangerous situations where witnesses cannot distinguish between legitimate law enforcement and potential kidnappings.⁸
Never open the door without a judicial warrant. Never provide foreign documents like passports or consular IDs. Never lie about someone’s location—simply refuse to answer. Never sign anything without a lawyer present.⁹
If You’re Approached on the Street
Public encounters happen quickly and with limited warning. ICE agents may call out your name to confirm your identity before detaining you.¹⁰
Before you say your name or anything else, ask: “Am I free to go?”¹¹
If they say YES: Say “I don’t want to answer your questions” and walk away calmly.¹²
If they say NO: Say “I want to use my right not to answer questions” and “I want to speak to a lawyer.“¹³
Document Safety: U.S. law requires non-citizens to carry proof of registration at all times, but never provide foreign documents like passports or consular IDs as ICE can use these against you.¹⁴ If you have lived in the U.S. for over two years, carry documents that prove it, such as leases, utility bills, or receipts, because Trump’s expanded expedited removal allows ICE to deport undocumented immigrants who cannot prove they’ve been in the U.S. for more than two years—without ever seeing a judge.¹⁵
If ICE searches your pockets or belongings: Say “I do not consent to a search. I want to speak to a lawyer.” The officers might search anyway, but it may help your case.¹⁶
Never lie or show false documents. Don’t flee or resist arrest. Don’t answer questions about your immigration status or birthplace. Don’t provide foreign documents like passports or consular IDs.¹⁷
Detention Crisis Reality
With Congress allocating $45 billion for immigration detention expansion—more than ten times ICE’s current $4 billion budget—detention capacity is set to exceed the entire federal Bureau of Prisons population.¹⁸ Human rights advocates warn that deaths in ICE custody are “inevitable” as detention numbers soar, with facilities often run by private companies like GEO Group and CoreCivic under contracts that prioritize profit over safety.¹⁹ The new “Alligator Alcatraz” facility in Florida features bunkbeds stacked in wire-fenced cages, representing what DHS Secretary Kristi Noem calls a “blueprint for detention facilities across the country.”²⁰
Emergency Preparation
Before you need it, create written emergency plans. This includes memorizing emergency contact numbers, arranging written childcare authorization, compiling medical information and medication lists, and storing documents where trusted contacts can access them.²¹
Family safety requires practice. Children should never open doors to officers. Practice common scenario responses and know the ICE detainee locator at locator.ice.gov.²²
High-Risk Factors
You may be targeted even if your conviction happened years ago, you didn’t serve jail time, your case was minor or a misdemeanor, you’ve been a permanent resident for years, or your family members are US citizens.²³
If Someone Is Arrested
Take immediate steps to locate them. Use the ICE detainee locator at locator.ice.gov and call the Immigration Court at 1-800-898-7180. Contact an immigration attorney immediately and document all arrest details.²⁴
When Rights Are Violated
Common violations include entering without judicial warrants, coercing consent through threats, failing to respect stated refusals, and searching without permission.²⁵
The death of Jaime Alanís serves as a stark reminder that when federal agents operate without clear identification and accountability, real people suffer real consequences.²⁶ Federal law already requires ICE agents to identify themselves “as soon as it is practical and safe to do so,” but current practices flout these standards.²⁷
Your response should be immediate. Document everything, contact a civil rights attorney, and preserve any recordings or witness information.
Your Rights Matter
When constitutional rights are violated during ICE encounters, it undermines protections for everyone. Exercising your rights protects your family and strengthens constitutional protections for your entire community.
Legal Disclaimer
This information is educational only and does not constitute legal advice. Immigration law is complex and constantly changing. Always consult with a qualified attorney for case-specific advice.
If your civil rights were violated during an ICE encounter, the Law Office of Bhavleen Sabharwal practices Civil Rights, representing clients facing constitutional violations during ICE encounters, civil rights claims against government agencies, emergency planning for at-risk individuals, and wrongful detention cases.
Because your home should be your sanctuary—and your rights matter, regardless of immigration status.
Coauthored by Emily Prendergast, a rising 3L at the Benjamin N. Cardozo School of Law.
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Footnotes
1 Hayley Miller, Baseball coach says ICE agents questioned kids at practice: ‘This can happen to anybody’, MSNBC, July 15, 2025.
2 Dani Anguiano & Agencies, Farm Worker Who Died After California Ice Raid Was ‘Hardworking and Innocent’, Family Says, THE GUARDIAN, July 14, 2025.
3 Dan Gooding, More ICE Deaths ‘Inevitable’ as Detention Numbers Soar, NEWSWEEK, July 4, 2025; U.S. Immigration and Customs Enforcement, Cuban National Dies in ICE Custody, ICE NEWSROOM (June 29, 2025).
4 Immigrant Defense Project, Immigration Arrests & Raids: What You Need to Know to Protect Your Rights (Mar. 2025).
5 Id.
6 Id.
7 Id.
8 Letter from Letitia James, Att’y Gen. of N.Y., et al., to Members of the U.S. House of Representatives and U.S. Senate (July 15, 2025).
9 Immigrant Defense Project, Immigration Arrests & Raids: What You Need to Know to Protect Your Rights (Mar. 2025).
10 Immigrant Defense Project, Home-Raid Community Flyer (Feb. 2025).
11 Id.
12 Id.
13 Id.
14 Northeastern University, FAQ: What Docs Are Non-Citizens Required by Law to Carry While in the U.S.? (Mar. 24, 2025).
15 Stop AAPI Hate, Know Your Rights | What to Do If ICE Stops You or Comes to Your Home (Mar. 2025).
16 Immigrant Defense Project, Home-Raid Community Flyer (Feb. 2025).
17 Id.
18 Dan Gooding, More ICE Deaths ‘Inevitable’ as Detention Numbers Soar, NEWSWEEK, July 4, 2025.
19 Id.
20 Id.
21 Immigrant Defense Project, Emergency Preparedness for Those at Risk of Deportation (2025).
22 National Immigrant Justice Center, Know Your Rights: If You Encounter ICE (Nov. 2024).
23 Immigrant Defense Project, Immigration Arrests & Raids: What You Need to Know to Protect Your Rights (Mar. 2025).
24 Id.
25 Id.
26 Dakota Smith et al., Details Emerge About Pot-Farm Immigration Raid as Worker Dies, L.A. TIMES, July 12, 2025.
27 8 C.F.R. § 287.8(c)(2)(iii) (2025); Letter from Letitia James, Att’y Gen. of N.Y., et al., to Members of the U.S. House of Representatives and U.S. Senate (July 15, 2025).