What to Do If Approached by ICE at the Airport, Border, Workplace, or Home

Throughout this year, several travelers have shared stressful stories of being denied entry to the US at both airports and border crossings. Take the case of Jasmine Mooney, a Canadian actress and entrepreneur who was denied entry at the border and detained by immigration authorities for two weeks (an experience she wrote about).

The most recent data shows that Immigration and Customs Enforcement (ICE) detentions have gone up 25% since US President Donald Trump has taken office. And between his inauguration and June 2025, there has been an 807% increase in the arrest of immigrants with no criminal record. If you are an international visitor or US resident without permanent citizenship status, it’s helpful to know your legal rights in the case of an unexpected encounter with immigration officers or border patrol agents.

“ICE officers only have the authority to enforce the Immigration and Nationality Act,” says Veronica Cardenas, a former ICE attorney who is now an immigrant rights lawyer and a coach for other immigrant lawyers. “And so the first question that they have to have the answer to is: Is this person committing an immigration violation? And that can't ever be on the basis of someone's skin color, the language that they speak, [or] what they're driving.”

Every person spoken to for this article has deep, intimate knowledge of immigration, ICE, and the US legal system: Juan Carlos Rivera is an immigration attorney in Miami, Florida; Gina Amato Lough is the Directing Attorney for the Public Counsel's Immigrants' Rights Project; and Maribel Hernández Rivera is the National Director of Immigrant Community Strategies at the American Civil Liberties Union (ACLU). We asked them for their expert advice on what to do if you’re approached by ICE in six possible scenarios: at the airport, at the border, at home, at the workplace, on the street, or while driving.

Airports are unique entry and exit points for the US, so your rights vary based on your immigration or citizenship status. You’re more likely to encounter CBP (Customs and Border Patrol), though ICE can also be present and often works alongside CBP, as both agencies are part of the Department of Homeland Security. “At international airports and border crossings, officers do have broader powers, but those powers aren’t unlimited,” says Rivera.

If you’re a US citizen, you only need to answer questions verifying your identity, citizenship, and customs-related matters. “That’s it,” emphasizes Hernández Rivera of the ACLU. “You can refuse to answer any questions and your refusal to answer any other questions should not lead to a denial to enter the United States.” While officers may hold you for further questioning, you do not have to answer beyond those basics, and your citizenship guarantees your entry. Staying calm is crucial, and you can firmly stick to limited answers.

For green card holders, the same protections apply—you should not be denied entry to the US. However, Rivera still advises to only answer the necessary questions regarding identity, citizenship, and customs.

Non-permanent residents (non-citizen visa holders) and visitors can be legally denied entry to the US, so it’s vital to be prepared. You can politely refuse to answer questions beyond your identity and travel purpose, but because your status is less protected, having legal support or quick access to a lawyer can be critical.

Regarding electronic devices, what agents can do depends on your immigration status. Hernández Rivera notes that CBP claims authority to search and copy data from phones and devices. “Be mindful of the content of your social media accounts and phones, in the event that a federal immigration agent reviews it,” says Amato Lough of the Public Counsel's Immigrants' Rights Project.

US citizens and green card holders have stronger protections: They can refuse to unlock their devices or share passwords without being denied entry, though delays or device seizure for inspection may occur. Hernández Rivera explains, US citizens and lawful permanent residents “cannot be denied entry if they refuse to share their password or unlock their device… [but] that can happen and they can seize it for further inspection.” Visa holders or visitors who refuse, however, risk denial of entry.

To protect your digital privacy, prepare in advance; some travelers choose to leave their primary phones or sensitive info behind. Regardless of status, if your device is taken, document the agent’s name, agency, badge number, and request a receipt. Your device must be returned.

If things escalate, stay calm. You can ask for a supervisor and request to call your attorney, though “the government position is that they do not have to let you speak to one,” says Hernández Rivera. Since immigration is a civil—not criminal—matter, you won’t be appointed an attorney, so it’s essential, especially for non-citizens, to have a trusted lawyer’s contact ready.

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The border is another entry and exit point, so again, immigration agents here have broader jurisdiction. An important rule to note: If you’re within the so-called 100-mile border zone, you can be stopped and questioned about your immigration status, even if you’re not directly traveling through a port of entry. As Hernández Rivera explains, “within a hundred miles of the border… [agents] can, for example, enter a bus without a warrant and ask for immigration status.”

Still, the Constitution applies to everyone inside the country, regardless of immigration status. “Once you're in the United States, everybody is protected by the Constitution—whether documented or undocumented,” says Hernández Rivera. This means you have the right to remain silent and the right to refuse a search of your belongings or body, unless law enforcement has probable cause or a warrant. If approached, calmly ask: “Am I free to leave?” If the answer is yes, you should walk away without escalating. If the answer is no, you are likely being detained and should say clearly: “I am exercising my right to remain silent and I do not consent to a search.”

In border zones, it’s especially critical for immigrants to avoid carrying unnecessary documentation that could reveal their immigration status, and to be prepared in case of questioning. As a bystander, if you witness an encounter, you can legally record video (without interfering), take notes, and share what you saw. Having a plan, knowing your rights, and staying calm can make a significant difference in how these interactions unfold.

You do not need to open your door to any ICE agent unless there is an official judicial warrant. “Judicial” is the most important word in that sentence—there are different types of warrants, including a common administrative one, but a judicial warrant (a specific type of warrant that’s signed by a federal judge) is needed for an ICE officer to enter your home. Additionally, “the warrant needs to clearly state who they're looking for or what they're going to search,” says Hernández Rivera. This is true for any private space, whether you’re an owner or renter.

An administrative warrant and a judicial warrant look different, so do a quick search to see what each looks like in your state. “Individuals should request that they pass the warrant under the door and review it prior to opening the door,” says Amato Lough. If they can’t pass it through the door, ask to see it through the peephole, adds Cardenas.

Even if they have a judicial warrant, you have the right to remain silent and request a lawyer.

This is similar to your home, but think of it as the employer’s home. Only your employer can decide whether to let ICE agents in or not, no matter what ICE says. ICE agents can, however, occupy public spaces around the workplace, in a strategic move to encroach on private spaces. “To get into the private spaces, they would need a judicial warrant signed by a federal judge, or they would need consent from the employer,” says Cardenas.

If ICE is present in your workplace, lawfully or not, you have the right to remain silent and you do not need to speak to them. Do not say where you are from or where you were born. If for any reason they place you under arrest, it’s important to document what you can (if you can) or have others document it for you—once you’re in public space, filming anything is lawful. “If they're in a public space, it is safe to record and to document everything so that if that person does bring a challenge… they now have evidence in their case,” says Cardenas. Recording audio, in some states, has different legalities, says Hernández Rivera, so knowing your state’s laws on this is important as well. An ICE agent can only stop one from recording or taking photos in a public space if, and only if, you are intervening with an arrest. They also cannot make you delete your recordings or photographs or ask to see them without a warrant.

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Streets are often public (besides gated and private communities), so ICE can patrol them and ask questions. But it’s important to note that you do not have to answer ICE's questions in public settings, beyond identifying yourself by name in certain states. Unless they have cause for your arrest, they should not be detaining you. "Remain calm and do not physically resist... because you don’t want to give them [a] reason to escalate,” says Hernández Rivera.

Cardenas notes that ICE will strategically start conversations on the street because there they can talk to anyone.“So if they're not specifically looking for [a] target, they can ask, ‘oh, what's your name? What are you doing around here? Where'd you grow up? Where are you from?’” she says. “Once that conversation starts and the other person is having this conversation with them and they say, oh, I was actually born in Colombia or in Peru, that would give them the basis to say, ‘okay, maybe this person is born abroad and perhaps they don't have legal status,’ and then they could potentially arrest them at that point.”

Knowing that, the most important thing is to not incriminate yourself. "There are laws in certain states that require you to identify yourself... but even in those states, people are not required to discuss their immigration status,” says Hernández Rivera.

Both Hernández Rivera and Rivera note that you can simply ask to walk away if you’re not being arrested. Ask if you’re free to leave, and if they say yes, do so deliberately but calmly. Do not engage with any more conversation. If you’re a witness to a possible ICE encounter, you can record evidence, but do not interfere.

If you’re stopped by ICE or Border Patrol while in your car, especially near the border or within the 100-mile zone, it’s important to stay calm and know your rights. Agents can ask for your immigration status, but you do not have to answer any questions beyond providing basic identification if you choose. As Hernández Rivera advises, “You have the right to remain silent and do not have to answer questions about your immigration status.” You can politely ask if you are free to leave—if the answer is yes, calmly drive away.

If the agents want to search your car, remember you have the right to refuse unless they have a warrant or probable cause. They cannot enter your car without it. Hernández Rivera warns, “If they don’t have a warrant or probable cause, you do not have to consent to a search.” Keep your hands visible, avoid sudden movements, and do not physically resist. If your car is searched or you are detained, try to document the agents’ names, badge numbers, and the reason given for the stop. Above all, remain calm and don’t volunteer extra information beyond what’s legally required.

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Everyone in the US has rights on US soil

“Many people, citizens included, don’t realize that the Constitution protects everyone on US soil, regardless of immigration status,” says Rivera. This includes the right to remain silent and to be free from unreasonable searches and seizures. “ICE often banks on fear and confusion to get people to waive their rights or self-incriminate voluntarily.”

ICE has to identify themselves—but that identification can be delayed

ICE agents often wear plain clothing while “undercover.” Cardenas points out that they can also wear items identifying them as “police,” which immigrant groups have long fought against, as they say it is a misrepresentation of their duties. (So far, they are still allowed to wear the label.) “They do have to identify themselves [especially when making an arrest or conducting a search], but the timing of that identification is what we're seeing be delayed,” says Cardenas. “Their argument is that they can identify who they are once it's reasonably practical to do that for their own safety.”

Only offer up information that you're legally required to provide

“People will often reveal their country of origin by handing over a matrícula or consular card in high-stress situations,” says Amato Lough. “Instead, they should carry and present a driver's license or state-issued identification card.”

Rivera gives this reminder: “ICE is not your local police—they are a federal agency with a specific agenda, and they often operate outside public view with little oversight. People should know that you’re not powerless when confronted. Carry a Know Your Rights card, memorize a trusted contact’s number, and never sign anything without understanding it or speaking to a lawyer.”

Ask to walk away

Remember that you can ask if you’re free to leave, and if they say yes, you can simply walk away. Do so calmly and swiftly. “If you’re being detained, you have the right to remain silent, so use it,” says Rivera. “Do not answer questions about where you were born, how you entered the country, or your immigration status. Please know—you have the right to speak to a lawyer before answering anything.”

If you do speak, don’t lie

Lying to ICE can have serious consequences, including detention, denial of entry, or even criminal charges. Always be honest and cautious when answering questions to avoid jeopardizing your case or immigration status.

Know how to get in touch with legal support

It’s essential to have a trusted immigration lawyer ready or know how to quickly find one. Legal support can protect your rights and guide you through any interactions with ICE or other immigration authorities.

Cooperation does not guarantee safety

“[A big] misconception is that cooperation guarantees safety,” says Rivera. “Unfortunately, it doesn’t. ICE officers are trained to extract information, and even something you think is harmless can be used against you. Protecting yourself doesn’t mean being disrespectful—it means knowing when to stay silent and when to ask for help.”

“Even if they're acting friendly, they have a job and their job right now is to follow the presidential administration's instructions to remove as many people as they can. They have a quota of 3,000 arrests a day,” says Cardenas. (That quota changes throughout administrations and timing.)

Cardenas agrees and recommends not engaging in conversation with ICE no matter the circumstances (beyond what’s legally needed) because they can try to intentionally mislead you. “They can lie to you to get information that they need to then put into your case. So instead of helping them make the case against you, I would suggest to remain quiet, and document everything.” Afterwards, call your lawyer and family members “to let them know you’re safe.”

Tap into your community's support network

Facing ICE or border agents can feel overwhelming, but it’s important to remember you’re not alone. “What I want people to know is that there are people fighting for them. The ACLU is in the courts. We are on the streets. We are at city hall. And that's not just us. There's a whole movement of people who are here to protect each other,” says Hernández Rivera. Knowing your rights and having support can make all the difference—there is a community standing with you every step of the way.