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Encounters with Immigration and Customs Enforcement (ICE) can be terrifying—not just for undocumented immigrants, but for U.S. citizens and green card holders as well. The sight of ICE agents, the pressure of questioning, and the confusion about what you’re legally required to do can cause fear, panic, and even wrongful detention.

Whether you were born in the United States, hold permanent residency, or are living without legal status, it is critical to understand your constitutional rights. This article breaks down what to do in an ICE street encounter, tailored to your immigration status—and offers essential guidance to protect yourself and your loved ones.

If You Are a U.S. Citizen

As a U.S. citizen, you are not required to:

• Answer questions from ICE about your immigration status,
• Carry proof of immigration status, or
• Consent to any search without a warrant.

Your Rights:

• Right to Remain Silent: You can say, “I do not wish to answer any questions.”
• Right to Refuse a Search: You do not have to consent to a search of your bag, body, or car.
• Right to Leave: You can ask, “Am I free to go?” If the answer is yes, calmly walk away.

Practical Tip:

Carry a valid government-issued ID (like a state ID or driver’s license) to avoid confusion, especially in mixed-status households.

Caution:

Even U.S. citizens have been wrongfully detained due to confusion or lack of documentation. Know your rights and calmly assert them.

If You Are a Green Card Holder (Lawful Permanent Resident)

Green card holders have more rights than undocumented immigrants—but fewer than citizens. ICE can question lawful permanent residents, particularly if there is suspicion of:

• Past criminal convictions,
• Fraudulent entry, or
• Long absences from the U.S. (which may signal abandonment of residency).

Your Rights:

• Right to Remain Silent: You are not required to answer questions about past convictions or travel without an attorney.
• Right to an Attorney: You have the right to legal counsel before signing or admitting anything.
• Right to Refuse a Search: ICE cannot search your property without your consent or a judicial warrant.

Obligation:

Green card holders are legally required to carry proof of immigration status at all times. This means your physical green card—not just a copy.

Caution:

Never lie or present false documents. Misrepresentation can lead to removal proceedings and loss of permanent residency.

If You Are Undocumented

Undocumented immigrants often fear any contact with law enforcement. But even without legal status, you are still protected by the U.S. Constitution.

Your Rights:

• You have the right to remain silent. You can say, “I am choosing to remain silent.”
• You do not have to show ID or immigration documents unless you are in a workplace or border zone situation.
• You do not have to open the door if ICE comes to your home without a judicial warrant signed by a judge.

Be Aware of These Risks:

• ICE may present administrative warrants (Form I-200 or I-205), which are not the same as judicial warrants and do not allow entry into your home.
• Never run, lie, or show fake documents—this can result in criminal charges or automatic deportation.
• Never sign voluntary departure papers or admit to being in the country illegally without first speaking to a lawyer.

Practical Tip:

Create a family preparedness plan. If you are detained, make sure a trusted person knows where your documents are and whom to call for help.

Key Principles for Everyone, Regardless of Status

Regardless of your immigration status, remember these basic principles:

1. You Have the Right to Remain Silent

You do not have to answer questions about where you were born, your immigration status, or how you entered the U.S.

2. You Have the Right to a Lawyer

You should never sign anything without speaking to an attorney. This includes ICE forms, voluntary departure agreements, or any confessions.

3. Know the Difference Between Warrants

• Judicial Warrant: Signed by a judge; required for ICE to enter your home.
• ICE Administrative Warrant: Not enough to force entry. You are not obligated to open the door.

4. Stay Calm and Don’t Run

Running from ICE can make you look guilty and may result in arrest. Stay still, remain calm, and assert your rights.

5. Never Provide False Information

Giving a fake name, ID, or document can lead to serious legal consequences—even for citizens or green card holders.

The Human Cost: Fear, Family Separation, and Trauma

ICE encounters are not just legal incidents—they are often life-altering events. Many families live in fear of random stops, raids, or arrests. Children are traumatized when parents disappear without warning. Workers lose income. Homes are destabilized. Communities are thrown into chaos.

These moments don’t just affect the individual—they affect entire families and communities. That’s why knowing your rights and having legal support is not only smart—it’s essential.

Why You Need Legal Guidance—Before It’s Too Late

Whether you’re a U.S. citizen, green card holder, or undocumented immigrant, one mistake during an ICE encounter can have serious consequences. The law is complicated, and immigration enforcement is aggressive.

That’s why you should never face it alone.

At Figeroux & Associates, located at 26 Court Street, Suite 701, Brooklyn, NY 11242, we are committed to protecting your rights. Our experienced immigration attorneys:

• Help you understand your legal status and rights
• Provide representation if you are detained or questioned by ICE
• Assist with green card, citizenship, asylum, or deportation defense
• Help families develop preparedness plans for emergencies

Call 855-768-8845
Visit www.askthelawyer.us

Final Thoughts: Be Prepared, Not Paralyzed

An encounter with ICE can be terrifying—but you don’t have to face it in fear or confusion. By knowing your rights and seeking legal protection, you can defend yourself and your loved ones with strength and clarity.

No matter your status, you have rights. Let Figeroux & Associates help you protect them.

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