What Happened at Early Bird Reminds Us: Immigrants in Omaha Do Have Rights
Recently, a well-known Omaha restaurant—Early Bird—made headlines after one of its employees was detained by ICE agents during their shift. Local news outlets reported that the employee was taken into custody on allegations of being in the country without legal status.
For many in our community, this story hit hard. It’s not an abstract policy debate when it’s happening at places we go for breakfast, to people who serve us coffee and remember our names. It’s a reminder that immigration enforcement isn’t limited to the border or big cities. It’s here. And when it happens, it leaves fear, uncertainty, and very real consequences for families and businesses alike.
It’s also a good time to remind everyone: immigrants do have rights. And knowing those rights can make a real difference. Here’s what’s important to understand if you find yourself—or someone you care about—in a situation like this:
If you’re pulled over while driving, you are required to show your driver’s license, registration, and proof of insurance when asked.
You also have the right to refuse consent to a search. If law enforcement asks to search your car or your belongings, you can clearly state: “I do not consent to a search.” Now, it’s true that police may still conduct a search if they believe there is evidence of a crime, but stating your lack of consent is important.
You have the right to remain silent. You are not required to answer questions about your immigration status, where you were born, whether you’re a citizen, or how you entered the country. If you choose not to answer, you can simply say: “I choose to remain silent.”
If you have valid immigration documents and are asked to show them, you should do so. But—this is critical—never provide false documents. If you don’t have immigration papers, again: “I choose to remain silent.”
If you are a passenger during a traffic stop, you can ask: “Am I free to leave?” If the officer says yes, you can calmly leave. If the officer says no, or if you don’t feel safe leaving, you still have the right to remain silent.
Now, about what happened at Early Bird—this brings up another common scenario: ICE entering workplaces. This is where things can get confusing. For ICE to enter non-public areas of a business, they generally need a judicial warrant—one that is signed by a judge. What agents often present instead is an administrative warrant, sometimes referred to casually as an “ICE warrant.” These are not signed by a judge and do not grant the same authority. Without a proper judicial warrant, business owners and staff are not required to allow agents into private areas.
None of this is about being confrontational. It’s about being prepared. It’s about understanding what you can say and do to protect yourself and your family in what can be a frightening and fast-moving situation.
If you or someone you care about is concerned about a potential interaction with ICE or law enforcement, don’t wait for a crisis. Reach out now. There are legal options and ways to plan ahead. My office works with individuals and families in exactly these situations—helping people understand their rights and guiding them through what can otherwise feel overwhelming.
And as a community, we all have a role to play. What happened at Early Bird could happen at any business in our city. It’s on all of us to stay informed, to stand with our neighbors, and to remember: no one’s humanity should be up for debate. This is our community too.