To legally enter a home, ICE generally needs a court order signed by a judge. However, many times agents can present administrative orders, which do not authorize forced entry into a home.
Administrative Orders: These are issued by ICE itself or the Department of Homeland Security (DHS) and do not have the authority to allow entry without consent.
Court Orders: These are issued by a judge and can authorize agents to enter without the need for the residents’ permission.
If ICE knocks on your door, ask to see the order without opening the door. If it is a court order, verify that it has the correct name, the exact address, and the signature of a judge.
When can ICE enter your home? ICE can only enter your home if:
- They have a court order signed by a judge.
- You or someone in the house gives them permission to enter.
- There is an emergency or a “hot pursuit” situation, meaning an ongoing chase.
Important: If the agents do not have a court order, you are not required to open the door. You can communicate with them without opening, through a window or by sliding a document under the door.
Your rights when ICE visits
- Do not open the door unless they show you a court order.
- Ask to see the order through the door or window.
- Do not sign any documents without first consulting with a lawyer.
- Remain silent: You have the right not to answer questions about your immigration status.
- Do not present false documents or lie: This can harm you legally.
- If you are arrested, you have the right to a lawyer and to make a phone call.
Final recommendations
- Keep the phone number of an immigration lawyer handy, (619) 230-0330
- Inform your family about these rights and create an emergency plan.
- Do not allow ICE agents to enter without a court order.
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