As immigration enforcement activity continues to be a focus across the country, advocates urge community members, regardless of immigration status, to know their rights when approached by Immigration and Customs Enforcement (ICE). Understanding these rights can help protect individuals and prevent unlawful searches, arrests or intimidation, immigration attorneys say.
ICE, a federal law enforcement agency under the Department of Homeland Security, is tasked with enforcing immigration laws. Agents have the authority to detain, arrest and raid, but their actions must comply with individuals’ rights given through the U.S. Constitution.
Reports of potential impersonations and questionable enforcement practices have increased, particularly in nearby California, where many raids have taken place over the last month. Videos evidence and eye witness accounts depict masked and armed individuals detaining people without identifying themselves as officers.
“We have seen that they have started covering their faces and this has never happened in the United States,” said immigration attorney Kendall Moriarty. “They should not be doing that, but it’s happening.”
Undocumented immigrants in the United States possess certain constitutional rights, primarily stemming from the 14th Amendment’s due process and equal protection clauses, which apply to all “persons” within the country’s borders, not just citizens.
In light of the uncertainty, it’s crucial to know these constitutional rights. The following information comes from the Wasatch Immigration Project who have held several Know Your Rights meetings:
If ICE approaches you
You have the right to remain silent. You are not required to answer any questions about your legal status and anything you say can eventually be used against you in court.
Stay calm, don’t resist and do not fight. If you choose to answer any questions do not lie or provide false documentation. If you provide false documentation this can lead to greater consequences.
Do not sign anything that you don’t understand or without the advice of an attorney.
Politely ask if you are free to leave. If the officer says yes, walk away calmly. If not, do not run or lie, simply say, “I choose to remain silent and want to speak to a judge.”
Important phrases: “I would like to remain silent,” “I would like to speak to my lawyer before I answer any questions,” “Am I free to leave?”
If you are detained or arrested, stay calm and don’t resist. You have the right to remain silent and the right to contact an attorney. You may also ask to contact your country’s consulate. Do not sign any documents without legal advice.
At your home
ICE agents cannot enter your home without a judicial warrant signed by a judge. Most ICE agents carry administrative warrants, which do not authorize entry unless you give permission.
If ICE knocks on your door, you do not have to open it. Ask them to show the warrant by slipping it under the door or holding it up to a window. Check for your correct name and address, and confirm that it is signed by a judge. If it is not, you can deny their entry.
If agents force their way in, do not resist. Instead, clearly state that you do not consent to a search and that you wish to remain silent.
If you are stopped while driving
If pulled over, you must show your driver’s license, registration and proof of insurance. However, you do not have to answer questions about your immigration status.
Driving without a valid drivers license is illegal and can lead to criminal and/or immigration consequences.
Laura Rojas, an attorney with Wasatch Immigration Project, explained that if you are stopped in a normal traffic stop for any infraction, you must comply with police but you are not required to share any personal information regarding immigration status that go beyond the infraction.
If asked to show immigration papers
If you are not a U.S. citizen, you must show your immigration papers if you have them with you. If you do not have documents, you can respond with, “I want to remain silent.”
Adults 18 and older should always carry valid immigration documents if they have them.
Rojas recommends having physical copies of documentation over having pictures of it on your phone.
Searches
ICE officers do not have the right to search you without a warrant, probable cause or your consent. You have the right to refuse consent for any search. Clearly say, “I do not consent to a search,” whether the officer asks to search your body, belongings or vehicle. Do not physically resist, even if they search anyway.
When in an encounter with ICE, advocates recommend documenting everything, like writing down the time, date, location, and names or badge numbers of any officers involved. Save any documents given to you and speak to a trusted legal representative as soon as possible.
Members of the public have the right to observe and document the actions of public officials in public spaces, including law enforcement and immigration officers. Those who wish to support individuals being questioned or detained by ICE can do so in a safe and responsible manner. Recording the interaction from a safe distance, without interfering or escalating the situation, is one option.
It is also within the rights of any individual to ask officers for their names and badge numbers. Remaining composed and respectful helps maintain safety while supporting transparency and accountability.
With reports of individuals posing as immigration officers to exploit or intimidate community members, legal experts stress the importance of documentation.
“Impersonating a federal officer is a serious offense,” said Moriarty. “So it would be a good idea to record that person or find a way to prove they were pretending to be an ICE agent.”
Advocates warn that fraudulent schemes targeting undocumented immigrants have been on the rise, often preying on fear and misinformation. Scammers may pose as immigration attorneys, promise legal status for a fee, or circulate false information online to exploit vulnerable individuals.
“We’ve also heard of situations where people receive calls from individuals claiming to be from immigration, or saying they are judges or ICE officers,” Moriarty said. “They call your phone, asking for information like account numbers and addresses.”
She urged caution when sharing information or sending money, and encouraged individuals in these situations to reach out to Wasatch Immigration Project or another attorney to help them verify the source.
Karin Fojtik, a founder of the Wasatch Immigration Project, said that the Utah Attorney generals office secure task force will respond to questions for people who are involved in immigration fraud.
“People are being ripped off,” she said. “The Attorney General’s Office task force will respond to those reports and will do so without asking about immigration status.”
The office can be reached by calling 801-281-1200.
In Utah, individuals can also report unauthorized legal services or fraudulent attorneys through the Utah State Bar at utahbar.org. Moriarty said that there have been reports of some attorneys charging excessive fees for services which they are not supposed to do. This is also a reportable offense.
For more information, see wasatchimmigrationproject.org.