Know Your Rights: ICE Encounters, Immigration Stops, and Protesting Safely

Whether you're running a business, walking down the street, or raising your voice in protest, knowing your rights is critical—especially during encounters with law enforcement or immigration officials. While these situations can be unpredictable, a little information can go a long way in protecting yourself, your staff, and your community. Here's a breakdown of your rights across three high-stakes scenarios: when ICE shows up at your business, when you're stopped during an immigration enforcement action, and when you're protesting in public spaces.

If ICE Shows Up at Your Business

When ICE agents arrive at a business, the first thing to do is assess what authority they actually have. Not all warrants are created equal. A valid judicial warrant will be signed by a judge and say "U.S. District Court." An administrative warrant, on the other hand, is signed by an ICE agent and will say "Department of Homeland Security." An administrative warrant does not authorize ICE to enter private or non-public areas of your business, though it may still be used to request information or access public areas.

Public areas are defined as spaces where members of the public can go without special permission, like open lobbies, waiting rooms, or restaurant dining areas. Private areas—such as employee-only back rooms, kitchens, or offices—are off-limits without a judicial warrant.

If ICE shows you a warrant, don’t assume it’s valid. Look carefully. Significant errors—like the wrong address or an employee who doesn't work there—can affect its enforceability. Minor typos might not render it invalid, so it’s always smart to call a business attorney for guidance.

During the encounter, you can record what’s happening as long as you don’t interfere. That means no physically blocking agents, getting in their way, or attempting to prevent them from carrying out lawful duties. Keep in mind that audio recording laws vary by state, so it’s worth being aware of your local regulations.

You are not required to identify employees or escort agents to them. After ICE leaves, contact your attorney, save any security footage, write down everything you remember, and check in with staff—especially anyone who may have been questioned or targeted. It's also wise to have a legal contact readily available and ensure your staff are trained in how to respond to workplace ICE visits calmly and legally.

Knowing Your Rights When Interacting with ICE

Whether you're walking down the street or ICE comes to your home during an immigration stop, your rights remain in place. First and foremost: you have the right to remain silent. You are not required to answer questions about your immigration status. If approached, calmly say, "I am exercising my right to remain silent and would like to speak with an attorney."

Do not show false documents or lie—even small misstatements can lead to criminal charges. If you don't understand English, you have the right to request an interpreter. While ICE isn't required to provide one immediately, they must ensure you understand your rights and the proceedings.

If ICE comes to your home, you do not have to open the door unless they present a judicial warrant signed by a judge. Ask them to slide it under the door. Without that, you are under no obligation to allow them inside.

You are allowed to record encounters in public spaces, but again, local audio laws vary, and you should avoid interfering with their work. You can refuse a search unless ICE has a judicial warrant or you are under arrest. In public, you may ask, "Am I free to leave?" If the answer is yes, do so calmly and without resistance.

If you are a parent or caregiver to a U.S. citizen or permanent resident under 18, notify ICE. In some cases, they may exercise discretion and release you. If you have valid immigration documents like a green card or work permit, it’s advisable to carry them. But avoid carrying foreign documents like a passport unless absolutely necessary.

Your Rights When Protesting

Protesting is a protected First Amendment activity, but knowing the limits of that protection can help you avoid unnecessary risks. You do not need a permit to protest spontaneously in public spaces like sidewalks or parks. For planned marches or events that block streets or use amplified sound, a permit might be required.

You have the right to record public events and interactions with law enforcement, but some states restrict audio recording without consent. If you're filming, stay at a safe distance and do not interfere. Posting videos or photos that identify other protestors can sometimes create risks for them, so share with care.

Even if your protest is lawful, there is always a risk of arrest. Prepare ahead of time: memorize an attorney’s phone number, share your plans with a friend, and consider writing your emergency contact info on your arm in permanent marker.

If approached by police, you can ask, "Am I free to go?" If the answer is yes, leave calmly. You do not have to consent to a search unless you are under arrest. If arrested, ask for a lawyer immediately, stay silent, and do not sign or agree to anything without legal representation.

Use passcodes instead of face or fingerprint ID on your phone. Leave unnecessary electronics at home. And remember: while you can assert your rights, it also helps to de-escalate where possible. Stay calm, stay grounded, and know that asserting your rights does not mean provoking a confrontation.

Final Thoughts

Your rights exist to protect you, but only if you know them. These guidelines are not a substitute for legal advice, and we strongly encourage you to consult with a qualified attorney for help with any specific situation. Mental preparedness and a basic plan—whether for an ICE encounter, immigration stop, or a public protest—can make a major difference in how things unfold.

Save this information. Share it. And if you ever find yourself unsure, remember: staying calm, silent, and informed is often your strongest position.