The atmosphere in immigrant communities across the United States is palpably tense. Since Donald Trump took office for his second term on January 20, 2025, a wave of ICE (Immigration and Customs Enforcement) raids has transformed immigration policy into a force of direct and forceful action.
What began with executive orders has evolved into a machine of mass immigrants arrests, facing criticism for its harshness and unprecedented legal challenges. Now, what are your rights as a detained? Keep reading and take notes.
What ICE is doing in the United States
On his first day in office, Trump signed Executive Order 14159, titled “Protecting the American People Against Invasion.” This historic document laid the groundwork for what he called a “crisis”:
- “Strict Enforcement”: Removed protections that prevented raids on schools, hospitals, and churches, allowing arrests in these spaces with “case-by-case discretion.”
- Expansion of the 287(g) program: Authorized local and state police to act as immigration agents, breaking decades of distinction between law enforcement and immigration.
- Border militarization: He deployed 10,000 troops along the border with Mexico, declaring border areas as “extensions of military bases.”
Other complementary orders blocked asylum for those crossing without permission, allowed express deportations at the border, and froze the refugee program. The message was clear: zero tolerance was back.
What kind of people is ICE arresting?
By February 2025, the raids were no longer a theoretical threat. ICE launched operations in Chicago, Denver, and New York—the iconic “sanctuary cities“—detaining hundreds at their homes and workplaces. In June, the strategy escalated:
Trump’s plan was for ICE to target 1,200 arrests, but more recent data from some human rights groups put that number at least 3,000. In Democratic (“blue”) states, ICE prioritized community and workplace raids. In Republican (“red”) states, it focused on transfers from local jails.
In the first 50 days of the measure, 32,809 immigrants were detained, but the number rose to 66,463 arrests and 65,682 deportations by the 100th day of implementation. Trump has a clear goal: to reach a total of 1 million deportations by the end of his term.
And to achieve this ambitious goal, in July, Congress approved a record $170 billion budget for ICE, intended to expand detention centers from 59,000 to 125,000 beds. At the same time, raids were authorized on farms and hotels, previously temporarily protected areas.
The actions have not been without controversy. In New York, for example, 30% of those arrested in raids supposedly aimed at detaining “criminals” had no criminal record.
Access to government databases (licenses, social benefits) was enabled to track immigrants, and since May, ICE has been making arrests even inside immigration courts where people go to defend their cases.
What are your rights if you are detained by ICE?
Given this situation, knowing your rights isn’t an option; it’s a lifeline. Based on documents from the ACLU, the Immigrant Legal Resource Center (ILRC), and on-the-ground lawyers’ testimony, this is the essential guide:
Right to Remain Silent (The Most Powerful): You are not required to answer questions about your immigration status, origin, or route of entry into the country. You can say “I choose to remain silent” because any comment, even the most innocent, could be used against you. Never, under any circumstances, show false documents, as that could also complicate your case.
You have the right to an attorney: You can and should ask for an attorney BEFORE answering questions or signing documents. The problem is that the government will NOT provide you with an attorney in immigration proceedings, unlike in criminal cases. Ask for a list of free or low-cost legal services.
Never sign anything without advice. A Form I-407 (Renunciation of Residence) or I-826 (Notice of Proceedings) can seal your fate.
You have the right to refuse illegal entry into your home: This is a golden rule, and it is indisputable… ICE cannot (I repeat, CANNOT) enter your home without a warrant signed by a competent judge.
Don’t open the door or go outside when officers knock or are at your front door. Ask to have the warrant slipped under your door or shown to you through a window. Make sure it’s signed by the judge.
Don’t be fooled by inappropriate warrants: ICE or DHS warrants (forms I-200/I-205) are NOT valid for entry without your permission. If they don’t have the correct one, shout from inside: “I do not consent to the entry!”
If they enter by force and without a warrant, do not offer physical resistance or behave violently, and repeat loudly and repeatedly that you do not consent to this illegal entry. ICE can approach immigrants in public areas, but workplaces, if private, are also prohibited, as are homes. If you are in your private vehicle, you have the right to refuse to consent to a warrantless search.
You have the right to contact your consulate: As a foreigner, you have the right to contact the consulate in your country of origin. From there, they can provide you with a list of lawyers, help you verify your status, lobby for more respectful treatment of your human rights, and contact your family.
Your rights when you have been arrested by ICE
If ICE agents followed the rules and did everything correctly, they will place you under arrest. From there, several of your rights are activated, starting with your right to make a call to speak with your family or a lawyer immediately. Provide your A-number (foreigner number) and location when making the call.
If you don’t speak English, you have the right to an interpreter in your language. Even if you do, some experts recommend taking advantage of this benefit.
You have the right to a hearing before an immigration judge and, in many cases, to request release on bond. If you fear persecution or torture in your country, speak up immediately. Request a “Credible Fear Interview” to assess asylum or protection under the Convention Against Torture (CAT).