ICE STOPS: EXERCISE YOUR RIGHTS WITH KNOWLEDGE

By Alexander J. Schorr

August 4, 2025 (San Diego) — In an age when it is uncertain who is a lawful agent of the US government and who is a vigilante, it is important to remember to stay safe and stay informed. Some immigration agents are wearing masks, but there have also been instances of people abducted by individuals falsely claiming to be immigration agents. 

US Citizens and immigrants are entitled to the fullest extent of rights afforded by the United States afforded by the country by law.

Here are tips for protecting yourself and helping your neighbors, while retaining dignity.

What the Constitution Offers

The Fourth Amendment of the US Constitution grants every person the right to be free of unreasonable search.

If someone claiming to be an immigration officer comes to your door, do not open the door. Ask the official to identify themselves and show a judicial warrant by slipping it under the door or through a window with locked screen.

Only judicial warrants are valid to enter.  Administrative warrants from agencies such as the Department of Homeland Security are not valid for entry. The document should say “court” at the top, should be signed by a judge, and should have your address on it.

If officers enter anyway, do not stop them if they use force. Continue to state that they do not have permission to enter. Try to get their name, a visual such as face or badge number, and record them if it is safe to do so.

They may enter if they have a judicial warrant, but can only search for the people or items that are listed on the warrant at that address.

Every person has the right to remain silent under the Fifth Amendment of the US Constitution. You have the right to speak to an attorney or consulate (if it is safe to do so for asylum seekers) before explaining anything— this includes your name or where you were born. Do not lie or present falsified documentations.

When Confronted

Do not sign anything that you do not fully understand. If you are being charged with a criminal offense, you will be assigned a public defender. Being here without documents is a civil offense, not a criminal one.

If you are in immigration custody, ask to speak to an attorney or a representative. Give the “A” number on your wristband to them so that they can help you. If you have been here for less than two years, you may be subject to expedited removal without court. If you have been here longer than two years, then present evidence such as a California license.

If you are a U.S. citizen or have lawful immigration status, do the following:

• Show your passport, legal permanent resident card, work permit, or any other documentation.
• If you are over the age of 18, carry your papers with you at all times.

If you are undocumented:

• You have the right to remain silent and do not have to discuss anything with the police, immigration agents, or other officials.
• Anything you tell an officer can later be used against you in immigration court.

If an officer knocks on your door:

• Do not open the door.
• Teach or inform your children or family members to not open the door.
• Officers must have a warrant signed by a judge to enter your home. ICE “warrants” are not signed by judges, as they are ICE forms signed by ICE officers and they do not grant authority to enter a home without the consent of the occupant(s).

If you are outdoors and think you see immigration officers nearby:

• Move to a safe indoor space.
• If you are a US citizen and feel safe to do so, record the activity with your phone or write down any relevant information about what you witness, and ALWAYS be careful not to interfere with or obstruct the operations of the officers
• Do not post unverified information on social media or interfere with the investigation in question or put yourself in potential danger.

Please visit the Southern Border Committee page for further information.

Car Searches Require Consent

According to the ACLU Northern California, it is important to proceed with caution and understand the limits for car searches  by police officers. According to the Federal Law Enforcement Training Center (FLETC), do not assume that the officer in question has a right to search your car without your consent. If you do give consent, then be clear about the areas or items you are consenting to be searched.

If you are pulled over in a traffic stop, ask the officer if they are from the police department or immigration.  Immigration officers often identify themselves as “police,” but they are NOT in fact police. Ask if they are from ICE (Immigration and Customs Enforcement) or CBP (Customs and Border Protection).

ICE officers must have probable cause to believe that a vehicle contains evidence of a crime before they can initiate a search: this means that they require reasonable belief— based on facts, that a crime has been committed and that evidence of that crime will be found in the vehicle. For example, if an officer sees illegal drugs, weapons, or unlicensed materials in plain sight inside a vehicle, then they would have probable cause to search the rest of the car.

ICE officers can search a vehicle if they can obtain a warrant signed by a judge who is convinced that there is probable cause  that evidence of a crime will be found inside. If ICE officers have a warrant, they are legally authorized to search the vehicle.

Remain silent: you do not have to answer questions about your immigration status or other personal matters. You have the right to refuse consent to a search of your vehicle. Ask questions; if you pause at a traffic stop, ask why you were stopped and if you are free to leave. If you are able to and you are comfortable, you can record the interaction with ICE officers, but be aware of local laws regarding the recording of police activity.

There are some important factors to consider: 

• ICE officers may conduct patrols in areas near the border or along major highways.  
• They may conduct stops based on information related to automated license plate readers (ALPRS).                                                                                                         
• Some law enforcement agencies have been found to violate state laws by sharing ALPR data with federal agencies like ICE.                                                    
• If you are stopped by ICE, it is important to be aware of your rights and exercise them.

Using Apps

There are apps that allow users to report or track ICE agent activity, often with the goal of altering others to their presence and potentially avoid encounters. These apps, such as ICEBlock, function by crowdsourcing information about ICE agents’ location and allows users to share information with others.

Users can report sightings, but they are limited within a five-meter radius and cannot report another sighting for 5 minutes. Reported sightings are deleted after four hours; the app aims to provide a way for individuals to be aware of ICE activity in their area.

ICE agents have expressed concerns about this app, even suggesting that it could be used to target or ambush agents, according to CBS News.

The app creator, Joshua Aaron highlighted that the app is intended to inform, not obstruct, and does not condone violence against law enforcement. Other apps, such as Coqui, serve a similar purpose, allowing the users to track and report ICE activity in an area at a given time. There is a video explaining the usage of the app.

You can visit the Immigrant Defense Project for further information regarding  your rights concerning ICE.