Fear of ICE raids and arrests has been spreading through immigrant communities, fueled by news reports, social media, and misinformation. It’s important to remember, however, that everyone in the U.S.— regardless of immigration status — is protected under the Constitution.
Knowing your rights can help protect you, your family, and your coworkers from unlawful detention and deportation. Here’s what you need to know about your legal protections at home, at work and in public spaces.
What does ICE look like?
A common source of confusion is that ICE agents frequently identify themselves as “police” during arrests without clarifying that they are federal immigration agents. While this is legal under federal law, advocates argue that it misleads people into cooperating with ICE, believing they are interacting with local police.
How to recognize ICE officers:
- They are often in plainclothes, wearing anything from jeans and a t-shirt to formal work attire; they also might wear blue tactical vests.
- Their gear may say “Police ICE,” “Police HSI,” or just “Police.”
- Unlike SFPD, they do not wear standard police uniforms.
Key differences between ICE and SFPD officers:
- SFPD officers must disclose their name and badge number upon request.
- ICE agents do NOT wear full police uniforms — impersonating a police officer is illegal.
- ICE agents must carry a badge, but they do not always display it clearly.
Related: No, ICE doesn’t work with S.F. police. Here’s what you need to know
Be prepared for encounters with ICE
One of the best ways to protect yourself if you are stopped and detained is to make an emergency plan with a trusted friend, family member or coworker.
How to prepare now:
- Share your full name and “A number” (if applicable) with someone you trust, and make sure they have the contact information for the SF Rapid Response Network so you’re able to get legal representation as quickly as possible.
- Know a legal resource you can call if detained. The most highly recommended resource for emergency counsel is the SF Rapid Response Network: (415) 200-1548.
Your rights on the streets
If an ICE officer or any law enforcement agent stops you in public:
- You do NOT have to provide your name or ID.
- You do NOT have to answer any questions. It’s best to stay silent.
- Film the interaction and if necessary, ask a passerby to film as well in case your phone is confiscated. Remember to tell them your name and to call the SF Rapid Response Network ASAP.
What to say if stopped by ICE:
- “Am I under arrest?”
- “Am I being detained?”
If the answer is “no,” ask to leave — ICE cannot legally stop you without grounds for arrest.
If the answer is “yes,” stay calm and ask for a lawyer.
If you are arrested:
- Do NOT panic. Stay silent and insist on your right to a phone call.
- Do NOT answer any questions until a lawyer is present.
- Do NOT sign anything. ICE may try to pressure you into signing away your legal rights.
Your rights at home
Law enforcement – including ICE – is only legally allowed to enter private space with a search warrant; this includes your place of residence (whether you own or rent your residence does not matter, ICE is still required to have a warrant).
If ICE knocks on your door:
- Do NOT open the door.
- Ask to see a warrant. Hold it up to a window or have them slide it under the door. You are even allowed to ask for a copy of the warrant to keep for your records.
- Only a warrant signed by a judge (a judicial warrant) allows them inside.
The difference between a valid and invalid warrant:
- A valid warrant is called a Judicial warrant – it is from a United States District Court (it will say “United States District Court” at the top) and is signed by a judge or magistrate.
- An invalid warrant is called an Administrative warrant – it is from the Department of Homeland Security (DHS) (it will say “Department of Homeland Security” at the top) and is signed by an ICE supervisor — it does NOT grant them entry.
- DO NOT let them in if they only have an administrative warrant.
- Double check whether or not the warrant has been signed – it does not matter which type of warrant it is, if it’s not signed then it is invalid.
If they force their way in:
- Say “I do not consent to this search.”
- Take notes on what happens and/or film what’s happening
- Call a lawyer immediately.
Your rights at work
Unfortunately, ICE can enter businesses during work hours and ask for information about targeted employees. However, they cannot enter non-public areas without permission.
What employers can do to protect workers:
- Create a chain of command – Designate a manager or owner to handle all ICE inquiries.
- Restrict access to non-public areas – Use “Employees Only” signs.
- Request a judicial warrant before allowing ICE inside private areas.
If ICE questions an employee:
- Do not run. This could be used as probable cause for arrest.
- You do NOT have to answer questions. Politely refer them to the manager or owner, and if they persist, decline to speak without a lawyer present.
- You do NOT have to show work documents unless presented with a valid warrant.
If ICE detains an employee:
- Do not sign anything.
- Call an attorney immediately.
Know your rights, stay prepared
The most important things for a person to do should they be worried about themselves or a loved one boil down to these few steps:
- Make an emergency plan with loved ones.
- If you have questions or concerns about your own legal status, contact an immigration lawyer so you have all the facts and legal representation should you be detained.
- Do not share your name with, or give your ID to ICE.
- Do not answer questions or sign anything.
- Always ask for a lawyer if detained.
- Stay calm and document everything.
If you need immediate legal assistance, call the San Francisco Rapid Response Network at (415) 200-1548. To find other legal resources and educational organizations, go to www.sfilen.org (San Francisco Immigrant & Legal Education Network) or www.ilrc.org (Immigrant Legal Resource Center).