Know Your ICE Detention Rights — What to Do If You're Taken In
- Shan Potts
- 6 days ago
- 3 min read
Immigration and Customs Enforcement (ICE) arrests have surged in recent months, and many immigrants—regardless of legal status—are at increased risk of detention. Whether you’re undocumented, in the middle of an asylum or visa process, or have a pending removal case, knowing your ICE detention rights could protect your rights and your future.
At Shan Potts Law Offices, we’ve helped thousands of individuals and families navigate detention and removal proceedings. This blog outlines practical steps you or a loved one can take if approached or detained by ICE.
Stay Calm and Do Not Run
Running may be interpreted as suspicious behavior and can escalate the situation. If ICE approaches you, remain calm, keep your hands visible, and do not argue or resist—even if you believe the stop is unjustified.
You Have the Right to Remain Silent
You are not required to answer questions about your immigration status or where you were born. You can say:
“I choose to remain silent and want to speak to a lawyer.”
Avoid signing any documents without first consulting an immigration attorney, especially if you don’t fully understand them.
Ask for Identification and a Warrant
ICE agents must identify themselves and present a valid warrant signed by a judge to enter your home. You can ask:
“Do you have a warrant signed by a judge?”
If they only have an administrative ICE warrant (Form I-200 or I-205), you do not have to let them in. Keep your door closed and speak through it.
SIDENOTE: California May Soon Ban Masked ICE Raids
On June 16, 2025, California lawmakers introduced SB 627, a bill that would prohibit ICE and other law enforcement agents from wearing masks during routine enforcement and require them to display visible identification.While it’s not yet law, the proposal underscores growing concern over anonymous or covert immigration enforcement tactics in California.
Why this matters: Knowing your rights and demanding identification is becoming even more critical as enforcement increases. If SB 627 passes, ICE agents will be legally required to show who they are.
Call Your Lawyer or Loved One Immediately
If detained, ask for the opportunity to call your attorney. If you don’t have one, call a trusted family member or friend and provide your location and alien registration number (A-number), if available.
At Shan Potts Law Offices, we offer emergency support for detainees and their families. If you or someone you know has been taken by ICE, contact us immediately
Carry a Rights Card
We recommend all immigrants carry a small card that states their rights, including the right to remain silent and to speak to an attorney. Keep this card in your wallet and give it to an ICE agent if stopped. You will be receiving this soon from our office.
Prepare a Safety Plan
Know who will take care of your children or pets
Share your lawyer’s contact info with a family member
Keep important documents in a safe, accessible place
How We Can Help
Shan Potts Law Offices provides representation in:
Detention & Bond Hearings
Relief from Removal
Family Immigration Cases
Work Permits & Adjustment of Status
We believe in legal clarity, compassion, and fast action. In a climate of increased enforcement, knowing your rights and having a legal team ready is more important than ever.
(Source: California Legislative Information)
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