What is Immigration and Customs Enforcement (ICE)?

United States Immigration and Customs Enforcement (ICE) is a federal law enforcement agency whose stated mission is to protect the country from cross-border crime and other immigration-related issues that threaten national security and public safety. In practice, ICE’s most visible responsibilities are arresting undocumented immigrants, carrying out immigration raids and overseeing immigration detention centers.

Key Takeaways

• United States Immigration and Customs Enforcement (ICE) is a federal law enforcement agency whose stated mission is to protect the country from cross-border crime and other immigration-related issues.
• ICE was created in 2003 as part of the government reorganization following the September 11, 2001 terrorist attacks.
• If you have been approached by an ICE officer, it is important to keep in mind that you have certain rights.

What Are Your Rights if You are Detained by ICE?

If you or a loved one have been detained by ICE, you have several important rights. Some of your rights include:

• The right to remain silent: You do not have to answer any questions or provide information about your immigration or citizenship status with an ICE officer. If you choose to remain silent, say so out loud to the officer.
• The right to refuse a search: If an ICE officer stops you for questioning, you do not have to consent to a search. You may say “I do not consent to your search.” However, if the officer suspects you have a weapon, he or she may “pat you down.”
• The right to speak to an attorney: You have the right to contact a lawyer if you have been detained or taken into ICE custody. It should be noted that the government will not typically provide an immigration attorney for free in these situations.
• The right to refuse to hand over documents: Unless the ICE officer has a warrant from a judge, you do not have to give them your consular documents or passport.
• The right to refuse signing documentation: You do not have to sign anything that an ICE officer asks you to.
• The right to humane treatment: During your arrest or detention, you should not be subjected to cruel or inhumane treatment.

If you believe that any of your rights were violated, be sure to record everything you remember, including ICE officers’ badges and patrol car numbers. If there were any witnesses, get their contact information. Then, you can file a written complaint with ICE’s internal affairs division. In most cases, you will be able to file your complaint anonymously.

Bottom Line

Whether you're dealing with an ICE encounter, detention, or ongoing immigration proceedings, having knowledgeable legal representation can make a major difference. Our experienced immigration attorneys are well-versed in ICE procedures and we're committed to protecting your rights. 

Don't face ICE alone – contact Attorney At Law today for expert guidance.