Your rights, explained: What to do if you encounter ICE or DHS agents

Mass deportation efforts under President Donald Trump are growing in scale and frequency. These campaigns create new safety risks for immigrants and non-immigrants alike — especially as encounters with federal agents have proven deadly.

Federal agents shot and killed Keith Porter Jr. in Los Angeles on December 31, and Renee Nicole Good in Minneapolis on January 7. Over the weekend, a Border Patrol agent killed intensive care nurse Alex Pretti just miles from the site of Good’s killing.

These escalations come as roughly 70,000 people face active detention by Immigration and Customs Enforcement, according to NBC News. To ensure residents stay safe during encounters with immigration agents, The Advocate has gathered a list of legal rights held by both citizens and undocumented immigrants during deportation campaigns.

Your rights as a U.S. citizen

As protests over deportation efforts continue nationwide, a growing number of U.S. citizens may encounter immigration officials face-to-face. PolitiFact, a nonprofit fact-checking website, has compiled a list of rights that protesters, bystanders, and observers have when interacting with immigration agents.

• You are protected from undue searches. The Fourth Amendment protects all people, citizens and non-citizens included, from unreasonable search and seizure.
• Law enforcement cannot enter private homes freely. To enter a private residence, the Supreme Court generally holds that officials must receive a warrant signed by a judge or permission from someone who lives there. That means residents are not legally obliged to let immigration agents in who knock on their door.
• Agents need a reason to arrest or detain you. Officers can ask you questions, but detaining you requires reasonable suspicion you have committed a crime. For arrests, agents must have probable cause, a stricter evaluation that generally means there is evidence to suggest someone committed a crime.
• You can retain a lawyer when your rights are violated, but legal pathways may be limited. For decades, the Supreme Court has placed narrow restrictions on the lawsuits civilians can raise against federal officials. While you have the right to a lawyer, legal experts generally say options for compensation are limited through the court.

To learn more, visit PolitiFact’s website.

Your rights as an undocumented immigrant

U.S. residents have protections under the Constitution regardless of their immigration status. Organizations like the American Civil Liberties Union and Immigration Equality provide informational and legal resources to ensure immigrants are aware of these protections. Key rights to keep in mind are as follows.

• You can stay quiet and avoid discussing your immigration status. Non-citizens must show immigration agents their immigration papers if they have them available when asked. But you also have the right to remain silent, and to refuse being searched. If you do not have your papers handy, tell the agent you would like to remain silent or speak with a lawyer before answering questions.
• You can request a lawyer. If ICE or Border Patrol detain you, you have the right to hire a lawyer, though the government does not need to provide you one itself. If you are arrested by police officers, you should immediately request a government-appointed lawyer. You have the right to call them privately soon after your arrest.
• You can challenge a deportation order in court. Unless you waive your right to a hearing by agreeing to voluntary departure, you can request a hearing to challenge your deportation order.
• If your case is already underway, you can be released on bond. If an immigration agent detains you while your immigration case is already underway, you generally have the right to be released on bond or with certain reporting conditions. If you are denied release, you can ask for a bond hearing with an immigration judge to seek release or a lower bond.

For more information and a longer list of protections, visit the ACLU website.

This article was written as part of the Future of Queer Media fellowship program at The Advocate, which is underwritten by a generous gift from Morrison Media Group. The program helps support the next generation of LGBTQ+ journalists.