Know Your Rights: ICE Encounters, Immigration Stops, and Protesting Safely
Whether you’re running a business, walking through your neighborhood, or participating in a protest, understanding your legal rights is critical—especially when interacting with law enforcement or immigration officials. These situations can escalate quickly, but a clear understanding of your rights can help protect you, your employees, and your community.
This guide explains your rights during three high-risk encounters:
When ICE shows up at your business
When you’re stopped during an immigration enforcement action
When you’re protesting in public spaces
What to Do If ICE Visits Your Nebraska Business
When U.S. Immigration and Customs Enforcement (ICE) shows up at your workplace, your response should be calm, legal, and informed. The type of warrant they present determines what they are legally allowed to do.
Types of ICE Warrants:
A judicial warrant is signed by a judge and says “U.S. District Court.” This allows agents to enter private, non-public areas.
An administrative warrant is signed by ICE or DHS. It does not authorize access to private areas of your business.
What ICE Can and Cannot Do Without a Judicial Warrant:
CAN enter public areas (like a restaurant lobby or retail floor)
CANNOT enter employee-only areas like offices, kitchens, or storage rooms
CANNOT demand private personnel information without proper authority
If ICE presents a warrant:
Ask to see it and examine the details (name, address, scope)
Do not assume it’s valid—even small errors can affect enforcement
Call an attorney immediately for guidance before complying
You are not required to:
Identify employees
Escort ICE agents to specific individuals
Answer questions without legal representation
After the encounter:
Save any security footage
Document everything that occurred
Check in with staff, especially anyone questioned or detained
Prepare ahead of time by training staff on workplace rights and having a legal contact available.
Your Rights During Immigration Stops
Whether you’re approached by ICE at home, at work, or on the street, you have constitutional rights. Here’s what to know.
Your Rights If Stopped by ICE in Nebraska:
You have the right to remain silent. You do not have to answer questions about immigration status.
Do not lie or provide false documents.
You have the right to an attorney. Politely say: “I want to speak with a lawyer.”
You can record the encounter in public (be aware of state-specific audio laws).
You can ask, “Am I free to leave?” If yes, walk away calmly.
What About Home Visits?
If ICE shows up at your door:
Do not open it unless they present a judicial warrant signed by a judge.
Ask them to slide the warrant under the door or show it through a window.
Without a valid judicial warrant, you are not required to let them in.
Special Considerations:
If you’re a caregiver to a U.S. citizen child under 18, notify ICE.
Carry valid immigration documents (green card, work permit) if you have them.
Avoid carrying foreign passports unless necessary—they can be used as evidence of alienage.
Your Rights When Protesting in Nebraska
The First Amendment protects your right to protest—but knowing the limits of that protection matters.
Where You Can Protest:
Public spaces (sidewalks, parks, city halls) do not require a permit for spontaneous protests
Planned events that block streets or use loudspeakers may require a permit
You Have the Right To:
Record public events and law enforcement—but do not interfere
Stay silent if questioned by police
Refuse a search unless you’re arrested or there’s probable cause
Leave calmly if police say you’re free to go
Best Practices for Protest Safety:
Memorize or write down your attorney’s phone number
Use a passcode (not fingerprint or facial recognition) to lock your phone
Limit unnecessary electronics
Avoid posting identifiable photos of other protesters
Stay calm and grounded, even when asserting your rights
If arrested:
Say, “I want a lawyer.”
Don’t speak further, don’t sign anything, and don’t consent to a search.
Final Thoughts: Knowing Your Rights Is Your First Line of Defense
These situations—ICE workplace raids, immigration stops, public protests—can be intense, emotional, and legally complex. But your rights don’t disappear just because the situation is difficult.
The best thing you can do is prepare in advance:
Understand the limits of law enforcement authority
Know how to respond without escalating
Have legal contacts ready
Share this information with your staff and community
Call or text 402-259-0059 or Email zach@zandersonlaw.com.
Whether you’re preparing for an event, protecting your workplace, or navigating a difficult encounter, I’m here to help you understand your rights—and use them wisely.
Frequently Asked Questions
What should I do if ICE comes to my Nebraska business?
Do not let them into private areas unless they show a judicial warrant. Ask to see the warrant, document the interaction, and contact an attorney immediately.
Can I be arrested for not answering ICE’s questions?
No. You have the right to remain silent. Politely state that you want to speak with a lawyer. Do not lie or provide false documents.
What kind of warrant does ICE need to enter my home?
Only a judicial warrant—signed by a federal judge—allows them to enter your home without permission. Administrative warrants do not.
Am I allowed to film ICE or police in public?
Yes, as long as you don’t interfere. But be aware of your state’s audio recording laws, which may require consent for voice recording.
Do I need a permit to protest in Nebraska?
Not for spontaneous protests in public spaces like sidewalks and parks. But planned events that block traffic or use amplified sound usually require a permit.