What Happened at Early Bird Reminds Us: Immigrants in Omaha Do Have Rights
When Immigration Enforcement Hits Close to Home
Recently, an employee at Omaha’s popular breakfast spot Early Bird was detained by ICE agents during their shift. News of the arrest spread quickly—not just because it happened at a local restaurant, but because it reminded many in our community that immigration enforcement isn’t just a border issue. It’s happening here, in the places we live, work, and eat.
It’s a jarring moment when something you’ve only seen on the news walks through the front door of your neighborhood café. And for undocumented individuals, mixed-status families, and immigrant workers across Nebraska, it’s a moment that brings fear and uncertainty—but also urgency.
Let’s be clear: immigrants have rights, no matter their status. And knowing those rights can make a meaningful difference when facing law enforcement or immigration officials.
This post breaks down what to know, what to say, and what to do if you or someone you care about has contact with ICE or law enforcement in Nebraska.
What Are Your Rights During a Traffic Stop?
Whether you’re a citizen or not, if you’re driving and pulled over in Nebraska, you are required to show:
A valid driver’s license
Vehicle registration
Proof of insurance
But that doesn’t mean you have to answer every question or agree to a search.
Can Law Enforcement Search Your Car?
Not without either:
Your clear consent, or
Probable cause to believe a crime is being committed
If they ask to search, you can respond with:
“I do not consent to a search.”
Even if they move forward with a search, it’s important to have clearly stated your lack of consent. That may matter later in court.
Do You Have to Answer Immigration Questions?
No. You have the right to remain silent.
You are not required to answer:
Where you were born
Your immigration status
How or when you entered the U.S.
If you’re uncomfortable answering, say:
“I choose to remain silent.”
What If You’re a Passenger?
Passengers also have rights. You can ask:
“Am I free to leave?”
If the officer says yes, you may leave calmly. If they say no or give unclear instructions, remain where you are and use your right to remain silent.
What If You’re Asked to Show Immigration Papers?
If you have valid immigration documents and are asked to show them, you should comply.
But never:
Provide false documents
Lie about your status
If you don’t have valid papers or prefer not to disclose anything, stick with:
“I choose to remain silent.”
ICE at Workplaces: What Business Owners and Workers Need to Know
The Early Bird incident highlighted another situation that’s become more common: ICE activity at local workplaces.
This raises an important legal distinction:
Administrative vs. Judicial Warrants
Administrative warrants (often labeled “ICE warrants”) are signed by immigration officers—not judges. These do not authorize agents to enter non-public areas of a business without permission.
Judicial warrants are signed by a judge and are required for ICE to lawfully access private areas like back offices or kitchens.
If ICE arrives at a business, staff can ask to see the warrant and confirm whether it is judicial or administrative. Without a proper warrant, no one is obligated to allow access beyond the public area of the business.
This isn’t about confrontation—it’s about understanding legal boundaries and standing firm within them.
Why Knowing Your Rights Matters in Nebraska
Immigration enforcement doesn’t always follow predictable patterns. In a mixed-status state like Nebraska, knowing your rights is about safety, preparation, and dignity. Whether you’re concerned about a future interaction or already dealing with ICE contact, don’t wait for things to escalate.
Legal guidance matters. Clear plans matter. And community support matters.
I work directly with immigrants, families, and businesses in Nebraska to:
Understand immigration rights
Respond to ICE detentions
Develop proactive plans for potential enforcement
Navigate legal options with clarity and compassion
FAQ: Immigration Enforcement and Legal Rights in Nebraska
Do undocumented immigrants have rights?
Yes. Everyone in the U.S.—regardless of immigration status—has constitutional rights, including the right to remain silent, the right to due process, and the right to an attorney (in criminal cases).
Can ICE enter my home or business without a warrant?
Only if:
You consent, or
They have a judicial warrant signed by a judge
If ICE shows up, you can ask to see the warrant and check whether it’s signed by a judge. Administrative ICE warrants do not authorize entry into private spaces without permission.
What should I say if I’m questioned about my immigration status?
You can choose not to answer. A safe and clear response is:
“I choose to remain silent.”
What happens if I provide false documents?
Providing false documentation can lead to serious legal consequences and may affect your ability to qualify for immigration relief in the future. It’s always better to remain silent than to lie.
How can I prepare for a potential ICE interaction?
Speak with an immigration attorney about:
Your legal status and risks
Emergency planning for your family
Creating a family preparedness plan
Legal representation if detained
Need Immigration Legal Help in Nebraska?
If you or someone close to you is worried about ICE enforcement, now is the time to plan—not later. I offer legal support and guidance tailored to your needs and circumstances, whether you’re seeking immigration relief or just trying to stay safe in your daily life.
Call me at 402-259-0059 or email zach@zandersonlaw.com to schedule a consultation.