Immigration enforcement operations have expanded significantly in 2026. If you are an immigrant living in the United States, regardless of your status, you need to know your rights. The Constitution protects everyone on American soil, not just citizens.
This guide covers what to do if ICE comes to your home, stops you in public, or detains a family member. Attorney Dennis F. Desmarais represents immigrants across Western Massachusetts and is available for free consultations in English, Spanish, and Haitian Creole.
Your Five Most Important Rights
These five rights apply to every person in the United States, regardless of immigration status. Memorize them.
- You have the right to remain silent. You do not have to answer questions about where you were born, how you entered the country, or your immigration status.
- You have the right to refuse entry to your home. Do not open the door unless officers present a warrant signed by a federal judge.
- You have the right to an attorney. If detained, say clearly: "I want to speak with a lawyer." Then stop answering questions.
- You have the right to refuse a search. Say: "I do not consent to this search."
- You have the right to know if you are being detained. Ask: "Am I free to go?" If yes, leave calmly.
Write these on a card and carry it in your wallet. Teach them to your family members, including your children who are old enough to understand.
If ICE Comes to Your Home
Do not open the door. You can communicate through the closed door. Ask the officers to identify themselves and to slide any warrant under the door.
There is a critical legal distinction: a judicial warrant is signed by a federal judge and authorizes entry into your home. An ICE administrative warrant, which is Form I-200 or I-205, is signed by an immigration official and does not authorize entry. Courts have repeatedly confirmed that ICE administrative warrants do not give agents the legal right to enter your home without your consent.
If the warrant is not signed by a judge, you may say: "I am not opening the door without a judicial warrant."
Do not lie to officers. Do not show false documents. Simply exercise your right to remain silent and your right to refuse entry. Stay calm and polite, but firm.
If ICE Stops You on the Street or in Your Car
Stay calm. Do not run. Ask: "Am I free to go?" If the answer is yes, walk away slowly.
If you are not free to go, state that you are exercising your right to remain silent and that you want to speak with an attorney. Do not volunteer any information about your birthplace, your immigration status, or how you entered the country.
During a traffic stop, you are required to provide your driver's license, vehicle registration, and proof of insurance if asked. You are not required to answer questions about your immigration status or country of origin.
If a Family Member Is Detained
Act quickly. Write down everything you can: the officers' names and badge numbers, vehicle descriptions, the time and location of the arrest, and the names of any witnesses. This information will be important for an attorney.
Contact an immigration attorney immediately. Some actions that may help your family member, such as an emergency bond hearing, are time-sensitive and become unavailable if you wait too long.
Important: do not sign any documents without speaking to an attorney first. ICE may present forms that look routine but that actually waive important rights, including the right to a hearing before a judge.
Prepare Your Family Before an Encounter
The best time to prepare is before a crisis happens. Every immigrant family should take these steps now.
Create an emergency contact card with the phone number of an immigration attorney, a trusted family member or friend, and your country's consulate. Carry this card at all times.
If you have minor children who are U.S. citizens, prepare a power of attorney designating someone to care for them if you are detained. This simple legal document can prevent your children from being placed with strangers or in state custody.
Organize your important documents. Keep copies of passports, immigration papers, court notices, and any USCIS correspondence in a safe location that a trusted person can access. Do not carry originals unless necessary.
Know your A-number. If you have ever had a case with immigration, you have an alien registration number. This number is essential for an attorney to locate your file. Make sure you and your family know it.
Have an honest conversation with your family about what to do if ICE comes to the door or if someone is detained. Plan who will pick up the children, who will contact the attorney, and where important documents are kept.
Your Rights in Detention
If you are detained by ICE, you still have rights.
- You have the right to contact an attorney and to have your attorney present during any questioning.
- You have the right to contact your country's consulate.
- You have the right to a bond hearing before an immigration judge in most cases.
- You have the right to see the evidence against you and to present your own evidence.
- You have the right to appeal a judge's decision to the Board of Immigration Appeals.
- You do not have to sign a voluntary departure form. Signing it means you agree to leave the country and give up your right to fight your case before a judge.
Green Card Holders Are Not Immune
Many lawful permanent residents believe they cannot be deported. This is not true. Green card holders can be placed in removal proceedings for certain criminal convictions, including aggravated felonies, drug offenses, crimes involving moral turpitude, domestic violence, and firearms offenses.
If you are a green card holder with any criminal history, consult with an immigration attorney now, before ICE takes action. In some cases, post-conviction relief can eliminate the immigration consequences of a conviction, but this must be pursued proactively.
Free Consultations Available
Attorney Dennis F. Desmarais represents immigrants in Western Massachusetts, including Springfield, Holyoke, Chicopee, West Springfield, and Northampton. We offer free consultations in English, Spanish, and Haitian Creole, and we charge flat fees so you know your costs upfront.
If you are worried about immigration enforcement in your community, do not wait for a crisis. Call (413) 455-1523 today and let us help you prepare.
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