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What are your rights if ICE comes to your home or work?

Local immigration experts discuss how ICE operates and explain your civil rights.

As new immigration policies strengthen Immigration and Customs Enforcement (ICE), Philadelphia immigration experts help explain your rights.
As new immigration policies strengthen Immigration and Customs Enforcement (ICE), Philadelphia immigration experts help explain your rights.Read moreInquirer Illustration. Photos by Inquirer Staff; AP file photo

Hours into his presidency, President Donald Trump repealed Obama-era guidelines that directed Immigration and Customs Enforcement (ICE) agents to avoid enforcement actions in schools, hospitals, houses of worship, and other “sensitive locations.” The policy change allows immigration enforcement actions in these spaces. Philadelphia, known for its strong pro-immigrant network, had more individuals in church sanctuary than any other U.S. city during Trump’s first term, including some who traveled from nearby states for protection.

Trump’s actions, including expanded enforcement policies, have changed how ICE can interact with immigrants and their communities.

Here’s what you should know about the laws surrounding immigration enforcement.

Editor’s note: This guide provides general advice from immigration experts and is not legal advice.

What is ICE allowed to do?

ICE agents enforce U.S. immigration laws, including identifying, arresting, and detaining individuals who are in the country without legal status or in violation of immigration statutes or regulations.

ICE is a federal agency that operates independently of local and state police. However, in some jurisdictions, local law enforcement agencies collaborate with ICE under 287(g) agreements. Philadelphia does not participate in such agreements and limits cooperation with ICE. Philadelphia, home to approximately 50,000 undocumented immigrants, has been a “sanctuary city” since 2016.

This means that city agencies, including the Philadelphia Police Department, do not cooperate with ICE, and city workers are instructed not to inquire about immigration status.

However, these policies do not prevent ICE from operating in Philadelphia. Under federal law and Trump’s recent executive order, ICE agents can enter public spaces, including businesses, schools, hospitals, or houses of worship, to carry out enforcement actions.

Individuals detained by ICE in Philadelphia are typically taken to the ICE field office at Eighth and Cherry Streets for processing. From there, they may be transferred to one of three immigration detention facilities in Pennsylvania: the Moshannon Valley Processing Center, Clinton County Correctional Facility, or Pike County Correctional Facility. In some cases, individuals may be transported to other detention centers across the country, depending on ICE’s discretion and available space. Moshannon, a privately operated facility, has faced federal complaints regarding detention conditions.

According to Erika Guadalupe Nuñez, executive director of Juntos, the Latino advocacy group, ICE agents may misrepresent themselves as local police, sometimes wearing uniforms labeled “POLICE” instead of “ICE.”

ICE agents may also use tactics they say are legal, but advocates describe as deceptive, such as claiming to investigate someone else to gather information about individuals, said Vanessa Stine, an immigration lawyer with the ACLU of Pennsylvania.

What to know if you come into contact with ICE

Your rights vary depending on whether you are walking in public, driving, at work, or at home. The ACLU and National Immigration Law Center provide detailed guides on specific scenarios, including interactions with ICE at home, work, health-care providers, and more.

  1. Right to remain silent: You are not legally required to discuss your immigration status with ICE or law enforcement. If you have immigration documents (e.g., a green card), provide them if requested. (The ACLU advises adults to carry immigration papers at all times.)

  2. Right to ask if you can leave: If ICE stops you in public, you can calmly ask, “Am I free to leave?” If the answer is yes, walk away.

  3. Right to deny entry: ICE cannot enter your home or private workspace without a judicial warrant signed by a federal or state judge or your explicit consent. Administrative warrants, issued by ICE, are not signed by judges and do not grant entry.

  4. Right to consult a lawyer: Do not sign any documents or speak further with ICE officers without consulting an immigration lawyer, as doing so could affect your ability to fight a deportation case.

What to do if ICE comes to your home

If ICE agents come to your home, the ACLU advises taking the following steps:

  1. Remain calm and keep the door closed. Speak through the door or a window. Avoid actions that may escalate the situation, even if you believe your rights are being violated.

  2. Request to see a warrant. ICE cannot enter your home without a judicial warrant signed by a judge. Administrative warrants, which are issued by ICE itself, do not grant agents the authority to enter private spaces without consent.

  3. Check the warrant.

    1. A judicial warrant will have:

      1. “U.S. District Court” or a state court name at the top.

      2. A judge’s signature.

      3. The specific address to be searched or the person to be detained.

    2. An administrative warrant, issued by ICE, will not have these elements. It is typically labeled “Immigration Detainer — Notice of Action” or similar language and is signed by an ICE official, not a judge.

  4. Do not grant entry unless agents present a judicial warrant. If ICE agents present an administrative warrant or no warrant at all, you are not required to allow them entry. Politely state that you do not consent to a search and ask them to leave.

  5. Remain silent if you choose. You are not required to discuss your immigration status. You can invoke your right to remain silent and consult a lawyer.

The ACLU has a full guide and additional resources on your rights at home.

Your rights with ICE at work

  1. Private areas: ICE cannot enter private areas, like kitchens or break rooms, without a judicial warrant or consent from the employer or manager.

  2. Public areas: ICE can enter public spaces, like dining rooms or reception areas, but cannot detain individuals without cause.

  3. Employers’ rights: Employers can refuse ICE entry to private areas without a judicial warrant and should document all interactions to protect employees.

The National Immigrant Law Center has a full guide on your rights at work.

If you believe ICE violated your rights

  1. Keep a record of the interaction. If safe and legal, you can record video or audio or write down details afterward, including the date and time of interaction, officers’ names, badge numbers, and vehicle details. Ask for contact information for any witnesses.

  2. Get medical care if needed. If you are injured during an interaction with ICE, seek medical attention as soon as possible and document your injuries with photos. This documentation can be useful if you choose to file a complaint or pursue legal action.

  3. Report concerns if necessary. If you believe your rights were violated, you may use your documentation to file a report or seek legal guidance.

Resources and support

Philadelphia has numerous organizations that support immigrant communities with family services, legal aid, education, and more. Contact these groups for general help or to connect with specific resources.

  1. Juntos: Call 215-218-9079 or email at info@vamosjuntos.org. Visit Juntos' Instagram page, @vamos_juntos_, for more guides and information on your rights.

  2. Nationalities Service Center: Call 215-893-8400.

  3. Project Libertad: Call 484-302-8551 or email info@projectlibertad.org.

Free or low-cost immigration legal services

The organizations below provide free or low-cost legal aid for people who need an immigration lawyer. Reach out to these legal aid organizations to see if they can help with your specific case.

Many also provide social services.

  1. Catholic Social Services: Call 215-854-7019 (English or Spanish) or email immigrationlegalservices@chs-adphila.org.

  2. Nationalities Service Center: Call 215-893-8400. Consultation availability varies.

  3. HIAS Pennsylvania: Call 215-832-0900.

  4. Equal Access Legal Services: Call 267-888-6703 or email info@equalaccesslegal.org.

  5. Aldea — The People’s Justice Center: Call 484-877-8002 (office) or 484-987-5221 (cell) or email coordinator@aldeapjc.org.