The fear of encountering an ICE (Immigration and Customs Enforcement) agent on the street is a growing concern for many, particularly in Latino communities. With the rhetoric surrounding immigration under former President Donald Trump's administration and his border czar Tom Homan about massive deportation plans, the atmosphere among many is one of uncertainty and fear.
The prospect of mass deportations has left many wondering: What are your rights if ICE stops you on the street?
Immigration lawyer Brad Bernstein explains that if that is your case, the agent needs to know your name, otherwise "I would recommend you walk away," he said in a video posted in his social media account. Here's a brief recount of the most important things to know, according to Bernstein:
1. Know Your Rights
The first and most important thing to remember if an ICE agent stops you is that you have rights, regardless of your immigration status, he explained. Bernstein, who has gained attention for his advice on TikTok, stresses that "you are not required to answer any questions about your immigration status unless you are under arrest or detained."
You don't have to show them your papers unless they have a warrant or have a reasonable belief you are involved in criminal activity, he added.
2. You Have the Right to Remain Silent
One of the key pieces of advice from immigration lawyers is to remain silent if ICE approaches you on the street. You are not obligated to answer questions about your immigration status, Bernstein explained. The Fifth Amendment protects people from self-incrimination. If you are not under arrest, you have the right to not speak to ICE agents, he added.
However, he elaborated, if the officer insists on knowing your immigration status, you can politely inform them that you are choosing to remain silent. It is important to note that this is not a sign of guilt but an exercise of your legal rights.
But even if you think that you are arrested "you have the right to remain silence", according to lawyer Kathleen Martinez. "Ask them if you are under arrest. If they ask your your legal status you don't have to answer, if they ask for your documents, you don't have to answer".
Martinez recommends to ask for a lawyer or to contact your local consulate. If you can't they have to help you do so, she said. "Sometimes showing these officers that you know your rights makes them back off", she added.
3. You Are Not Required to Show Papers Without Probable Cause
ICE agents can only demand your immigration papers if they have a legal reason to detain you or probable cause. Probable cause means that the agent has a valid reason to believe you have violated immigration laws or committed a crime.
The lawyers emphasize that if an ICE agent asks you for documents, you don't have to show them your papers unless they have a warrant or have a reasonable belief you are involved in criminal activity.
@bradbernsteinlaw Brad explains what to do if ICE approaches you on the street. If ICE identifies you by name, you must comply and stop, but you have the right to remain silent and request to speak to a lawyer. However, if ICE randomly asks for your documentation without identifying you by name, you are not required to comply, as they have no legal right to demand documentation without probable cause. Know your rights and stay calm. #KnowYourRights #ICEEnforcement #ImmigrationLaw #BradBernstein #SparBernstein #DeportationDefense #fyp
♬ original sound - bradbernsteinlaw
This principle is grounded in the Fourth Amendment, which protects against unreasonable searches and seizures. Without a warrant, an ICE agent cannot stop you, search you, or demand to see papers unless there is clear evidence of a crime.
4. Document the Encounter
If an ICE agent stops you, one of the most useful steps you can take is to document the interaction, lawyers explain. Record the event using your phone, but only if it is safe to do so. Make sure to document details like the date, time, location, and the agent's name or badge number, if possible.
Immigration lawyers recommend keeping a "Know Your Rights" card with you, which can be found online or distributed by local advocacy groups. These cards often include instructions on what to do if approached by ICE, ensuring you are prepared in case of an encounter.
6. Stay Calm and Be Polite
It is always recommended to remain calm and polite during an ICE stop. Immigration attorneys like Monica Ruiz have explained that "responding with hostility or fear can make the situation worse." They advise individuals to remain composed, even if they feel nervous or anxious. Try to de-escalate the situation by speaking in a respectful tone and standing firm in your rights.
Also know that if they don't say that you are arrested, you are within your rights to leave.
7. Carry important documents with you
"If you entered the country without inspection and immigration grabs you in less than two years from your entry, you are subject to deportation without seeing an immigration judge", alerts Bernstein, who explains that you could be deported right away. That is why he recommends undocumented immigrants who have been in the U.S. longer than two years to always carry a copy a document that proves it. It could be a copy of the visa or photos in the cell phone.
This means that "you will be able to be released on bail and be able to see a judge. Don't leave it to the immigration officer to determine whether you made a legal entry into the US and overstayed or not".
@bradbernsteinlaw Brad explains that if you entered the U.S. without inspection and have been here for less than two years, you could face expedited removal, meaning you can be deported without seeing an immigration judge. To protect yourself, always carry documents proving you’ve lived in the U.S. for more than two years, or keep your passport and visa handy. Even a photo of these documents on your phone can suffice in showing your presence in the U.S. #ExpeditedRemoval #ImmigrationTips #KnowYourRights #BradBernstein #SparBernstein
♬ original sound - bradbernsteinlaw
8. Legal Resources and Community Support
If you are detained by ICE or face any legal action, it's essential to contact an immigration lawyer immediately. Many organizations, like the American Civil Liberties Union (ACLU) and Immigrant Defense Project, offer free legal resources to help those facing deportation. Many of these organizations also have apps or community events where you can learn your rights and get support.
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