What are my rights if ICE stops me?

ICE officers have broad authority to stop, question, arrest, and detain individuals they believe may be removable under U.S. immigration law. During an ICE encounter, individuals generally have the right to remain silent. Beyond that, ICE officers are not required to release a person simply because they do not answer questions.

If a person has proof of U.S. citizenship, presenting it at the time of the stop may resolve the encounter. If a person is not a U.S. citizen, ICE may detain them to determine immigration status. ICE typically relies on prior records, databases, fingerprints, and past encounters to identify individuals, including prior felony convictions, prior removal orders, or suspected unlawful re-entry.

Some non-citizens may already have an immigration file number, commonly called an A-Number, which ICE uses to identify and track immigration cases. Whether or not a person has documentation available at the time of a stop, ICE has the authority to take the person into custody while status is reviewed.