learning library

Disclaimer: Legal Information Only – Not Legal Advice. VAAP provides resources on this website for informational purposes only. While we strive to offer helpful, relevant, and accurate information, the legal landscape is constantly evolving, and we cannot guarantee that all resources or content here remain up-to-date. The information on this website is not intended as legal advice, and should not be relied upon as a substitute for professional legal counsel. Every legal situation is unique, and individuals should consult a qualified attorney for advice specific to their case. VAAP is a small team with limited capacity, and while we do our best to connect you with valuable information, we are not responsible for the accuracy, completeness, or timeliness of the resources provided by third parties. Please verify the reliability of any external sources and updates to the law before relying on any information found here. 

preparing for ICE

Responding to an ICE Arrest

Preparing for an ICE arrest

ICE in the home

  • What if ICE asks to enter my home without a judicial warrant?

    “I do not consent to a search.”

    An ICE agent cannot enter your home without a judicial warrant. If ICE agents persist, you are unable to physically stop them, but saying that you do not consent will help with a future legal case.

    In an emergency, such as a threat to public safety or a threat to someone’s life, ICE can come in without asking your permission. If this happens, you still do not have to speak to ICE.

  • Access the full ILRC KYR toolkit here.

  • Access the updated toolkit here.

  • Access English and Spanish resources here.

ICE in the workplace

  • FOR EMPLOYERS:

    Can they ask for your employee records?

    • If an agent asks you questions, say “I am exercising my right to remain silent until I speak with an attorney.”

    • Agents must give you at least a three days notice to perform an I-9 Audit. If they don’t, you can refuse the audit.

    • KEEP I-9 forms for a longer period of either 3 years after hiring an employee or 1 year after firing them

    Can ICE search your business without permission?

    • No, they cannot. State “I want to see a warrant” - “I do not consent to this search”  Say this even if they present a warrant because this can protect you or others if later the warrant is found to be invalid

    • A warrant must specifically describe the area to be searched (or a specific person to be detained) and can not be broad or general permission to search the ENTIRE property - this must be signed and dated by a judge (NOT AN ICE EMPLOYEE)

    • If an agent asks for a specific item - request to see if it is listed in the warrant - it must be written in specific detail what they are looking for

    Can ICE come into your business during public work hours?

    • They CAN come into your workplace during public hours. They might not identify as ICE and they might ask for a specific name. This is done to identify their target. Never give out names to customers for this reason.

    The best strategy is to stop unwanted law enforcement before it starts - Post a “No Trespassing” or “Employees Only” sign to clearly define it is not open to the public.

    FOR EMPLOYEES:

    Can I report my employer for unfair treatment?

    • Immigration status is not relevant when filing a discrimination complaint with a federal or state agency. Only would the immigration status become relevant in the remedy stage. This would become relevant if reinstatement and back pay are an issue.

    Can you get fired from your job for your immigration status?

    • Employers cannot knowingly employee undocumented workers - they are required to ask for documents that show identity and authorization to work in the US. BECAUSE OF THIS employers cannot use immigration status as an excuse to fire workers who make discrimination complaints. So the employees have a RIGHT to make these complaints.

    Can ICE ask you to show your visa or permanent resident cards?

    • They can, but you have the right to remain silent and you can decline to answer questions or produce any documents

  • Access a report and toolkit from East Tennessee.

  • Access the full ILRC KYR toolkit here.

  • Access the updated toolkit here.

  • Access English and Spanish resources here.

  • Access multilingual resources here.

  • Download AILA flyers on Knowing Your Rights during ICE encounters at home, at work, and in public in the following languages:

    English

    Spanish

    Chinese

    Portuguese

    Haitian Creole

    Arabic

    Punjabi

ICE in schools

ICE in public

  • Can you be forced to show identification (while you’re driving or in public spaces)? 

    What do you do in a law enforcement interaction (you’re being followed, you’re pulled over) while you’re in a car?

    • You should pull over - if ICE is trying to pull you over and you do not stop, the ICE officers might use force or violence to stop your car, putting you in greater danger (Immigration Defense Project). You should stay calm: don’t run, argue, resist, or obstruct the officer, even if you believe your rights are being violated. Keep your hands where police can see them, and don’t lie about your status or provide false documents (ACLU). Document any violation of your rights that you can for potential use in a legal case.

  • Access the full ILRC KYR toolkit here.

  • Access the updated toolkit here.

  • Access English and Spanish resources here.