- Feb 6, 2002
- 37,537
- 30,034
- 136
Whether after you or someone else
Yes, a person detained by ICE has the right to demand justification for their detention. Under the Fourth and Fifth Amendments, individuals regardless of immigration status have rights when interacting with ICE. Here’s what they can do:
1. Ask for the Reason They can ask the officer, Am I free to go? If the officer says no, they can ask for the reason for their detention. ICE agents must have reasonable suspicion of an immigration violation to detain someone.
2. Remain Silent. They have the right to remain silent and do not have to answer questions about their immigration status, birthplace, or citizenship.
3. Refuse Consent to a Search ICE agents cannot search personal belongings without consent, unless they have a valid warrant or other legal justification.
4. Ask for an Attorney Detained individuals can request a lawyer, though ICE is not required to provide one for free.
5. Request to See a Warrant If ICE attempts to enter a home, the individual can ask to see a judicial warrant (signed by a judge). ICEs administrative warrants (Form I-200 or I-205) do not allow them to enter without permission.
Remember a justification is required for detention. Looking non white or speaking a foreign language is NOT justification
Yes, a person detained by ICE has the right to demand justification for their detention. Under the Fourth and Fifth Amendments, individuals regardless of immigration status have rights when interacting with ICE. Here’s what they can do:
1. Ask for the Reason They can ask the officer, Am I free to go? If the officer says no, they can ask for the reason for their detention. ICE agents must have reasonable suspicion of an immigration violation to detain someone.
2. Remain Silent. They have the right to remain silent and do not have to answer questions about their immigration status, birthplace, or citizenship.
3. Refuse Consent to a Search ICE agents cannot search personal belongings without consent, unless they have a valid warrant or other legal justification.
4. Ask for an Attorney Detained individuals can request a lawyer, though ICE is not required to provide one for free.
5. Request to See a Warrant If ICE attempts to enter a home, the individual can ask to see a judicial warrant (signed by a judge). ICEs administrative warrants (Form I-200 or I-205) do not allow them to enter without permission.
Remember a justification is required for detention. Looking non white or speaking a foreign language is NOT justification