Understanding Your Rights During Immigration Enforcement: What to Do When Approached by an Immigration Officer

ICE raids: What are your rights when approached by an immigration officer?
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(NEXSTAR) – Arrests by Immigration and Customs Enforcement (ICE) have rapidly escalated under President Donald Trump.

The White House said Monday ICE officers have arrested more than 100,000 people in the less than five months since Trump took office, compared to 113,000 in the entire 2024 fiscal year.

Civil rights advocates remind immigrants and others that they have rights under the law if they encounter ICE officers or are caught up in an ICE raid.

What are my rights if I’m questioned by ICE?

The American Civil Liberties Union (ACLU) says if you’re stopped by ICE officers, you have the right to remain silent.

“You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country,” the ACLU says, though they acknowledge different rules apply at borders and airports.

You also don’t need to consent to a search of your belongings. (You may be patted down if officers suspect you could have a weapon, the ACLU says.)

ACLU’s Northern California chapter gives these quick tips to keep in mind:

What are my rights if I’m detained by ICE?

You can reiterate your desire to remain silent and speak to a lawyer. While the government doesn’t have to provide you with a lawyer in these cases, you can ask for a list of free or low-cost legal representation.

“Don’t say anything, sign anything, or make any decisions without a lawyer,” the ACLU advises.

You also have the right to a local phone call if you are detained.

What can I do to reduce the risk to my safety in ICE encounters?

The ACLU advises people to stay calm, don’t resist and don’t give officers fake documents. People can prepare by memorizing the phone numbers of loved ones and their lawyer, and make emergency contingency plans if they have children that need to be cared for or medications they need to take.

Why are people protesting in Los Angeles?

Monday was the fourth day of demonstrations against Trump’s immigration crackdown in the Los Angeles region.

The protests started after federal agents arrested immigrants in LA’s fashion district, in a Home Depot parking lot and at several other locations on Friday. The next day, they were staging at a Department of Homeland Security office near another Home Depot in Paramount, which drew out protesters who suspected another raid. Federal authorities later said there was no enforcement activity at that Home Depot.

Tensions escalated Sunday into Monday after Trump’s extraordinary deployment of the National Guard, as demonstrators blocked off a major freeway and set self-driving cars on fire as law enforcement used tear gas, rubber bullets, and flash bangs to control the crowd.

On Monday, hundreds of U.S. Marines were also being mobilized to Los Angeles. Gov. Gavin Newsom responded to the move on social media, saying, “U.S. Marines have served honorably across multiple wars in defense of democracy. They are heroes. They shouldn’t be deployed on American soil, facing their own countrymen to fulfill the deranged fantasy of a dictatorial President. This is un-American.”

California officials have now sued to roll back the National Guard deployment, saying the president trampled on the state’s sovereignty.

The Associated Press contributed to this report.

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