
COMMUNITY library
Responding to an ICE Arrest
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What To Do if ICE Violates Your Rights
Immigration enforcement encounters can be frightening, but everyone in the U.S. has constitutional rights. Knowing your options—and planning ahead—can reduce risk and help protect your family.
Defend Your Rights
All people in the U.S., regardless of status, have the right to remain silent. You do not need to answer questions about your citizenship or immigration status.
✅ Do: Stay calm, keep your hands visible, and if you have valid papers (passport, green card, or work permit), show them when asked.
❌ Do Not: Run, argue, lie about your status, or provide false documents.🚓Traffic Stops: Ask if the officer is police or immigration. ICE and CBP agents often identify themselves as “police,” but they are not local law enforcement.
(Source: Immigrant Justice Network – Know Your Rights)
ICE at Your Door
Do not open the door unless ICE shows a judicial warrant signed by a judge. ICE-issued “warrants” signed by their own officers are not valid for entry.
You may say: “I do not consent to a search.”
If ICE enters with a valid warrant or forces its way in:
Stay calm and call an attorney.
Say only: “I have the right to remain silent.”
Do not sign anything without your lawyer.
Record or write down badge numbers, names, and details if safe.
If you have U.S. citizen children at home, you may want to tell officers—this can affect decisions about detention. If your children are undocumented, use caution in disclosing their presence.
(Source: Informed Immigrant – Know Your Rights)
If Your Rights Are Violated
If you believe your rights were violated:
Write down what happened, including officer names, badge numbers, and vehicle numbers.
Collect witness contacts.
Seek medical care and photograph any injuries.
File a complaint with the agency’s internal affairs or a civilian complaint board (complaints can be anonymous).
(Source: ACLU – Immigrants’ Rights)
ICE in the Workplace
For Employers:
ICE must give at least three days’ notice before conducting an I-9 audit. Without proper notice, you can refuse.
Even with a warrant, say: “I do not consent to this search.” This protects your rights if the warrant is later found invalid.
Warrants must be specific—naming the person or area to be searched—and signed by a judge.
For Employees:
Immigration status is not relevant when filing a discrimination complaint with federal or state agencies.
Employers cannot fire you for making a discrimination complaint by citing immigration status.
You may remain silent if ICE asks questions or requests documents.
ICE in Schools & Public
Schools: ICE needs a judicial warrant to enter public schools. Staff are not required to help ICE locate students without one.
Public Spaces: You cannot be forced to show ID in public. If pulled over, stop safely—ICE may use force if you don’t. Stay calm, silent, and document any rights violations.
Key Takeaway
Whether at home, work, school, or in public, remember:
You have rights.
Stay calm, remain silent, and don’t open the door without a judicial warrant.
If your rights are violated, document everything and seek legal help immediately.
At VAAP, we stand with Vermont’s immigrant communities. You are not alone.
👉 This post is for community education only. It is not a substitute for legal advice.
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For rapid response to an ICE detention, contact Migrant Justice for immediate assistance who can then contact VAAP and our legal service partners.
For every other type of request for immigration legal help, see "Get Legal Help.”
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TRAC Immigration Quick Facts — Understand key detention statistics.
IDP Know Your Rights with ICE — How to respond if detained.
NIJC Bond Quick-Start Guide — What "bond" is and how to request it.
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Access this highly recommended guide here or download it here in English, Spanish, or Hatian Creole.
Preparing for an ICE arrest
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Vermont Legal Aid is resuming efforts to protect at-risk immigrant parents and their children through emergency minor guardianships and family preparedness plans. This is a strategy being implemented nationwide to ensure at-risk immigrant parents’ voice and choice in their children’s future in the event that the parents have contact with Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP), the two law enforcement branches of the Department of Homeland Security (DHS). Review VAAP’s blog post to learn more about who this legal service is for, who can volunteer to make it happen, and how to get involved or request help.
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Download the flyer in Spanish here and in English here.
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Download the guidelines here.
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Download the English immigrant family planning checklist here.
Attending an ICE Supervision Appointment
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Access the practice advisory webpage for community advocates here.
Download the advisory in English here or Spanish here.
ICE in the home
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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.
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ICE in the workplace
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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
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Download AILA flyers on Knowing Your Rights during ICE encounters at home, at work, and in public in the following languages:
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Chicago Community and Workers' Rights (CCWR) is an organization run by workers for workers dedicated to educating, fostering leadership, and gathering resources to develop organizing tools and collective strategies to resist employer abuse and achieve fair living conditions for our families.
Toolkit ES - Chicago Community & Worker's rights
We have created a toolkit that provides information that may help you and your coworkers be prepared in the event that agents arrive at your workplace. You should adapt this information to your specific situation and workplace. Remember that this is only a tool that may help you and your coworkers be prepared. This document is not legal advice or counsel.
It is important to emphasize that workers have rights if federal, state, or local agents arrive at our workplace. -
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ICE in schools
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Does ICE have a right to enter a school? Do you have to comply with helping locate students? What can you do (as a student or as a teacher) to help students that are being detained/questioned by ICE?
“The Fourth Amendment requires law enforcement, including ICE, to have a judicial warrant—not just an administrative one—to conduct searches in public schools.” Here is what a judicial warrant looks like and the difference between a judicial warrant and an administrative warrant.
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ICE in public
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Can you be forced to show identification (while you’re driving or in public spaces)?
No, you cannot be forced to show identification, whether in public spaces or not.
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.
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