Know Your Rights: ICE Enforcement
Guidance from MA Attorney General's Office
The Massachusetts Office of the Attorney General (AGO) has released a ‘Know Your Rights’ guide to provide communities with guidance to increase understanding about federal immigration enforcement activity in the Commonwealth and the legal rights people have when interacting with U.S. Immigration and Customs Enforcement (ICE) agents. Here is a summary of this guidance, which can be found in its entirety on the MA Attorney General's Office website.
What kind of immigration enforcement does ICE engage in?
ICE enforcement targets people it suspects are subject to removal from the country, including those suspected of violating federal immigration law, such as:
People who entered the U.S. without authorization;
People who overstayed a visa;
Individuals who have been ordered removed in the past;
Those accused of violating immigration conditions; or
Individuals whose legal authorization to be present in the U.S. has otherwise been revoked.
Note: These are civil, not criminal violations. It should be noted that ICE does not need to show that a crime was committed to arrest and detain a person who is subject to removal.
ICE enforcement generally takes one of two forms:
Custodial: ICE arrests a person who is already in law enforcement custody.
At-large or field: ICE arrests people in the community (homes, workplaces or public spaces). During these actions, ICE may also make “collateral arrests” of others present if they suspect they’re also in violation of immigration laws (even if they weren’t initially targeted).
Does ICE need a judicial warrant to arrest someone?
No. While ICE sometimes arrests people based on criminal warrants, this is relatively uncommon. Some ICE arrests are conducted using administrative warrants such as Warrant of Removal/Deportation and Warrant for Arrest of Alien which are issued by ICE officers.
When can ICE enter people’s homes, non-public workplaces, or other private spaces?
In most circumstances, ICE cannot legally enter private spaces without one of the following:
A judicial warrant signed by a judge or magistrate; or
Voluntary consent from someone with actual or apparent authority over the property
ICE administrative warrants are not judicial warrants and do not authorize entry. If ICE does not have a judicial warrant, you may refuse entry and speak through the door to:
Ask to see the warrant before opening the door;
Check whether the warrant is signed by a judge; and
Deny entry if it is not.
What rights do the person arrested/detained and bystanders have?
Rights of the Person Being Arrested or Detained
Right to remain silent—You do not have to answer any questions asked by ICE.
Right to hire and speak with a lawyer—Although the government is not generally required to provide one in immigration proceedings.
Right to refuse to sign documents.
Rights of Bystanders
Right to observe ICE officers and record the encounter—So long as they do so from a reasonable distance and do not interfere. Interference can result in criminal charges
Right to remain silent—You do not have to answer questions about yourself or others.
Right to refuse entry — You may refuse ICE entry into your home if they do not have a judicial warrant.
What questions can someone ask if they are being arrested/detained?
Am I being detained or arrested? What are your names and badge numbers?
What agency do you work for? Why am I being detained/arrested?
Do you have a warrant? May I see it?
Where are you taking me? How can my family or lawyer contact you?
Bystanders may ask these questions or ask if the person being detained needs them to contact an immigration lawyer or family member.
What happens after an ICE arrest?
Arrested individuals will most likely be taken to a local ICE office or processing center for booking but can be detained anywhere in the U.S. ICE typically issues a Notice to Appear (NTA), starting formal removal proceedings.
Individuals may request a bond hearing, if eligible. To be granted bond, the individual must show they are not a flight risk or danger to the community.
They may also seek relief from removal such as asylum, parole, or cancellation of removal. To challenge a detention, a person generally needs to file a habeas corpus petition in federal court.
Note: Individuals in ICE detention may be represented by an attorney but usually have no right to have one appointed.
Beware of scams by people falsely claiming to help—often referred to as “notarios” or "immigration consultants”. More info here.
What limits are there on local police cooperating with ICE?
Local law enforcement cannot be compelled to carry out federal civil immigration enforcement. They may voluntarily cooperate with ICE, but must comply with state and local legal limitations:
State and local law enforcement have no authority to arrest, detain, or hold an individual based solely on a federal civil immigration detainer. Lunn v Commonwealth, 477 Mass. 517 (2017)
Local law enforcement “shall not consider a person’s race, ethnicity...[or] immigration status” in police decision-making. Massachusetts Civil Rights Act (MCRA)
Many cities, towns, and state and local law enforcement agencies have adopted regulations and policies limiting police participation in federal civil immigration enforcement. See your local Municipal Ordinances and police department policies
Additional Resources and Assistance
An emergency planning guide for families at risk of ICE enforcement is available on the Attorney General’s Office website.
A person detained by ICE can be found through the ICE Online Detainee Locator System.
Information on detention facilities can be found on ICE’s website.
You can verify credentials of licensed attorneys and DOJ-accredited representatives to avoid scams with state bar or DOJ EOIR list.
Additional resources including resources for individuals seeking an attorney can be found on the full guide and the AGO’s website