Know Your Rights: What to Do If ICE Approaches You

Know your rights. Abolish ICE.

With immigration enforcement and brutality increasing across the country, many in Arizona are feeling increasingly vulnerable and uncertain. If you or someone you care about might encounter ICE (Immigration and Customs Enforcement), I've highlighted information from the ACLU and other social justice organizations to help you feel more prepared.

Researching this post was activating and upsetting - I cannot imagine how some folks are coping right now. If you are feeling overwhelmed by the injustices and tragedies in the news and in our community right now, you are not alone. Hopefully some of the information here & in a sister post regarding how to contact local officials will help. And, while not a direct solution to harsh ICE tactics, consistently regulating your nervous system may be a key component in remaining resilient & functioning during these very trying times.

Everyone in the United States has constitutional rights, regardless of immigration status. This includes the Fourth Amendment protection against unreasonable searches and seizures, and the right to remain silent.

If ICE Stops You While Driving

Stay calm. Pull over safely. Don't drive away or resist—follow the agent's instructions while keeping your hands visible on the wheel.

You have the right to remain silent. You don't have to answer questions about your citizenship, including "Are you a U.S. citizen?" This right applies when dealing with ICE agents (though you may need to provide basic information to local police officers during a traffic stop).

What you can say:

• "I'm exercising my right to remain silent and I want to speak with an attorney."

• Ask: "Am I under arrest?" If not: "Am I free to leave?"

• If you are a U.S. citizen and choose to identify yourself, you can state that

What NOT to do:

• Don't lie about your identity or provide false documents

• Don't make sudden movements—keep your hands where agents can see them

• Don't physically resist, even if you believe your rights are being violated

• Don't carry foreign documents (like foreign passports) as these can be used against you in deportation proceedings

Important: U.S. citizens are being stopped, questioned, threatened with weapons, detained and even harmed until they can prove citizenship. This is happening.

Understanding Warrants: Know Your Rights

There are two types of warrants, and the difference matters:

Administrative Warrant (ICE Form I-200 or I-205)

• Signed by an ICE officer, NOT a judge

• Says "Authorized Immigration Officer" or "U.S. Department of Homeland Security" under the signature

• Does NOT give ICE authority to enter your home or private areas without your consent

Judicial Warrant

• Signed by a U.S. Magistrate or Judge

• Must have correct name, address, and recent date

• This is the ONLY type of warrant that authorizes entry into your home

CRITICAL UPDATE (May 2025): An internal ICE memo has claimed that ICE can now use administrative warrants alone to enter homes of people with final removal orders. Legal experts strongly dispute this policy as unconstitutional. You still have the right to refuse entry based on an administrative warrant. Document everything if this happens.

If ICE Comes to Your Home

Do not open the door. Not even the inner door if you have a security screen—opening any door can be interpreted as consent to enter.

Teach your children not to open the door.

Ask through the closed door: "Do you have a warrant signed by a judge?"

Ask them to slide any warrant under the door, show it through a window, or display it to your doorbell camera. Do not open the door to review it.

Check the warrant carefully:

• Is it signed by a "U.S. Magistrate or Judge"? (If yes, it's valid)

• Or is it signed by an "Authorized Immigration Officer"? (If yes, it's administrative—you don't have to let them in)

• Is the name, address, and date correct and recent?

State clearly through the door: "I do not consent to your entry or any search of my home."

If they have a valid judicial warrant: Only the person named on the warrant should step outside and close the door behind them to protect others inside.

If they have an administrative warrant: You are not required to open the door or let them in. Stay inside. Keep your door locked.

If ICE Stops You on the Street or in Public

Do not run. Running can give ICE a reason to arrest you.

You have the right to remain silent. You can say: "I'm exercising my right to remain silent."

Ask: "Am I free to leave?" If they say yes, calmly walk away.

Do not consent to searches of your person or belongings.

You have the right to record ICE activity in public as long as you don't physically interfere with their operations. This is a First Amendment right. If you witness ICE activity, record what you can safely.

If ICE Enters Your Home Illegally or You're Detained

Document everything immediately:

• Date and time

• Badge numbers (if visible)

• Vehicle numbers and license plates

• Exactly what was said

• Names and phone numbers of witnesses

• Write it down or record it as soon as possible—these "excited utterances" have legal weight

Call someone right away: Family, friends, an immigration attorney. Memorize important phone numbers in advance.

If you are detained, do NOT sign anything without speaking to an attorney first. ICE may try to get you to sign away your right to see a lawyer or an immigration judge.

To locate someone who has been detained: Use ICE's online detainee locator at https://locator.ice.gov/odls/#/search

If someone goes missing for more than 24 hours: Contact local Arizona law enforcement and report them as missing. They will follow up with Department of Homeland Security.

Yes, you can legally record ICE agents in public spaces. This is your First Amendment right.

How to Prepare Now

Make a family emergency plan. Talk with your family—citizens and non-citizens alike.

Key questions to discuss:

• What will you do if someone is detained?

• Who will care for children?

• Who has access to bank accounts and important documents?

• Who are your emergency contacts?

Memorize important phone numbers. Don't rely on your phone being accessible.

For parents:

• Have age-appropriate conversations with your children about what to do if ICE approaches

• Give your child's school or daycare written authorization for an emergency contact to pick them up

• Provide written authorization for your emergency contact to make medical and legal decisions for your child

• Consider consulting with an attorney about guardianship arrangements

If you're at high risk of detention:

• Consult with an immigration attorney now

• Consider retaining an attorney if possible

• Know what your options are before an emergency happens

Power of attorney: If you have money in bank accounts, consider giving someone you trust power of attorney so they can access funds if you're detained.

About carrying documents:

If you are over 18 and have valid immigration status:

• You ARE legally required to carry your original documents:

  • DACA authorization (if you have DACA)

  • TPS authorization (if you have TPS)

  • Legal Permanent Resident card (green card)

  • Work permit or other valid immigration documents

• Carry these with you at all times—it's the law

If you are a U.S. citizen:

• You are NOT required to carry proof of citizenship

• However, having proof may help resolve an encounter with ICE

• Consider taking a photo of your passport or birth certificate and keeping it on your phone

• Do NOT carry original birth certificates or passports unless necessary—copies or photos are safer

What NOT to carry:

• Foreign passports (these can be used against you in deportation proceedings)

• Expired U.S. immigration documents

• Any false or fraudulent documents

Additional preparation:

• If you've been in the U.S. for at least two years, carry documents proving this—it may protect you from fast-track deportation

• Know your rights before you need them

• Share this information with people you trust

• Consider taking screenshots of important resources to access offline

What's Happening Right Now (January 2026)

Recent policy changes you should know about:

1. Sensitive locations are no longer protected (as of January 31, 2025): Previously, ICE could not conduct enforcement at churches, schools, hospitals, and public demonstrations. This protection has been removed.

2. Administrative warrant controversy (May 2025 memo): ICE has claimed it can use administrative warrants alone to enter homes of people with final removal orders. Legal experts and constitutional scholars strongly dispute this as a Fourth Amendment violation. If this happens to you, state clearly you do not consent and document everything.

3. Increased use of "apparent ethnicity" for stops: A 2025 Supreme Court opinion (Noem v. Perdomo) allows ICE to use "apparent ethnicity" as one factor in determining reasonable suspicion—though not on its own. This has given ICE broader discretion to stop people based on how they look.

What people are reporting:

• U.S. citizens being harassed, questioned, and detained until they prove citizenship

• Threats with weapons

• IDs being scanned or photographed by agents

• DACA holders, TPS holders, U visa holders, asylum applicants being stopped, questioned, and sometimes detained

• Fatal shootings by ICE agents, including of U.S. citizens

• Aggressive tactics including forced entry into homes

This is real. The fear is justified. You still have rights.

Arizona-Specific Considerations

Arizona shares a border with Mexico, which means Customs and Border Protection (CBP) operates checkpoints within 100 miles of the border. This includes much of southern Arizona, including Tucson.

At a CBP checkpoint:

• You have the right to remain silent

• You are not required to answer questions about citizenship

• CBP may briefly detain you if they have reasonable suspicion

• Document the encounter if possible

Know the difference: ICE handles interior enforcement (deportations, raids), while CBP handles border security. The rights discussed here apply to both agencies.

Finding Help in Arizona

If you need legal assistance:

• Contact a qualified immigration attorney

• Be cautious of immigration fraud—not everyone offering "help" is legitimate

• Free or low-cost legal services may be available through nonprofit organizations

Document civil rights violations: If you believe your rights were violated by ICE or other federal agents, contact an attorney as soon as possible. While it's difficult to sue federal officials for civil rights violations (federal law generally prohibits such lawsuits), documentation is still critical.

You're Not Alone

If you're feeling scared, overwhelmed, or unsafe—that's a sane response to this insanity. These are uncertain times, and the fear is real.

Knowledge is power. Preparation is power. Community is power.

The U.S. Constitution guarantees basic rights to everyone in this country, regardless of immigration status.

What you can do:

• Know your rights and share them with others

• Make a plan with people you trust

• Stay calm if approached—you have rights, and you can assert them

• Support each other

• Document violations when safe to do so

• Remember: you deserve to be treated with dignity and respect, always

Most importantly: Don't let fear paralyze you, and keep up to date with what's happening. Be informed. Be prepared. Know your constitutional rights.

This information is for educational purposes and is not legal advice. Immigration law is complex and changes frequently. For specific legal guidance related to your situation, please consult a qualified immigration attorney in Arizona. This document was last updated January 2026 and reflects current policies and legal interpretations as of that date.