An unexpected visit from U.S. Immigration and Customs Enforcement (ICE) can be frightening. If you are wondering what to do if ICE comes to your door, the most important thing to do is stay calm and remember that you have rights under the U.S. Constitution, regardless of immigration status.
Our immigration attorneys have helped individuals and families across North Carolina respond to ICE, protect their legal rights, and fight removal (deportation) proceedings. We handle even the most complicated deportation defense cases. We can help you learn how to protect your rights, understand your options, and decide how to move forward.
Your Constitutional Rights During ICE Encounters
Many people ask, What are my rights if questioned by ICE? Generally, you have the right to:
- Remain silent and do not discuss your immigration status,
- Refuse entry to your home without a valid judicial warrant,
- Refuse to consent to a search of your belongings, and
- Speak with an attorney before answering questions.
ICE officers may attempt to get you to sign documents without a lawyer present. Do not trust ICE officers to explain the consequences of documents they ask you to sign. You do not have to sign anything before you review it with a lawyer.
What to Do If ICE Comes to Your Home
When ICE appears at your home, it can feel like there is no safe way forward. However, you are not powerless. The U.S. Constitution protects everyone in the country, regardless of immigration status. Consult an immigration attorney as soon as possible.
Do Not Open the Door
If ICE is at your door, stay calm. Do not open the door. Speak to the officers through it or a window.
Request that they present you with the warrant giving them the right to enter. Ask them to slide the warrant under the door or show it through a window.
Check the Warrant Type
First, check whether it is an administrative or judicial warrant. Administrative warrants authorize ICE to take someone into immigration custody but do not authorize ICE to enter their home to arrest them.
This unique status makes keeping the door closed crucial. If the warrant comes from ICE or DHS, ICE does not have the authority to enter. By not opening the door, you avoid giving officers a glance inside or a chance to push in.
Federal and state judges issue judicial warrants, which may authorize ICE to enter. Federal and state judge-issued warrants typically include the name of a specific court and a judge’s signature. ICE-issued warrants normally list the Department of Homeland Security (DHS) and may say Form I-200 or Form I-205 at the top.
Check the Warrant’s Scope
Valid judicial warrants must also specify what authority they grant to law enforcement—search, seizure, or both. Determine what, specifically, the warrant says ICE can search or seize, including names and property descriptions. You can deny ICE authority over anything that is not listed.
Deny Consent to Search
Unless the warrant authorizes the officers to search your home, you have the right to say no if officers ask to search your home. This right is yours, even if ICE officers sound like they are telling you they will search, not asking for permission. Say clearly, “I do not consent to a search.”
If ICE Comes In
Deny ICE officers entry if they lack a valid warrant. If they come in anyway, be as calm as you can and avoid sudden movements.
ICE should promptly execute its warrant, if it has one. ICE must focus on completing the task the warrant authorizes.
Throughout the encounter, exercise your right to remain silent. To the extent feasible, document the encounter. Write down names, badge numbers, and what officers say. These steps help make it easier for your attorney to defend you later.
How ICE Operates in North Carolina
In North Carolina, ICE often works independently or with local law enforcement through partnerships that allow county jails to identify and hold people for ICE after criminal arrests. However, not every law enforcement agency participates in these programs, and local policies can differ.
Will I Be Deported If I Am Arrested by ICE?
What does ICE do to immigrants after arrest? If ICE officers arrest you, they generally place you in an immigrant detention facility and provide a Notice to Appear (NTA), officially initiating removal (deportation) proceedings.
In immigration court, you can defend against the government’s claims that you should be deported. While the outcome depends on your circumstances, hiring a deportation defense lawyer is often nonnegotiable. ICE will have a lawyer present the case against you. Your lawyer will help you create and execute a defense strategy.
Take Action Today
If ICE has contacted you or a loved one, do not wait to get legal help. EMP Law understands the urgency. We can review warrants, guide you through your options, and defend against deportation in immigration court. Contact EMP Law today to schedule a confidential consultation.
Helen believes in providing caring, thoughtful and thorough representation for each and every person.
In particular, Helen focuses on helping individuals navigate the maze of rules, procedures and processes created by the United States Citizenship and Immigration Services and those facing criminal charges or deportation.
She represents clients facing criminal charges in both state and federal court. She is a member of the Criminal Justice Act panel of attorneys in the Middle District of North Carolina, and is admitted to practice before the Eastern, Middle and Western District Federal Courts as well as the Fourth and Eleventh Circuit Courts of Appeal.
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