Know Your Rights: How to Keep You and Your Family Safe in Interactions with ICE and Where to go for Help

Written By Oasis LS

At Oasis, we recognize that many LGBTQ+ immigrants experience anxiety when it comes to safety and rights in the United States, but we want you to know that you are not alone. Queer and trans immigrants are an essential part of our community, and we are committed to protecting and uplifting you and your family. 

In the following sections, we clarify the rights everyone has in the United States, and offer guidance on how to remain safe in your daily life. If you have not yet received legal advice about your immigration case, we strongly recommend scheduling a consultation to explore your eligibility for permanent immigration status. The information contained in this guide is meant to be a practical overview and is not intended to be legal advice.

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Interactions with ICE

Everyone in the United States has rights under the Constitution when it comes to interactions with law enforcement, including ICE. ICE can only arrest people if they have probable cause (which is a reasonable belief  given specific facts, witness statements, personal observations, etc.) to believe that a person is not a United States citizen and is eligible for detention or deportation under U.S. immigration laws. It is always ICE’s responsibility to show that they have probable cause to arrest someone, which is why it is so important that we understand our rights and exercise them. Anything we say to law enforcement, or any document we show to an ICE officer, can be used against us. The most important thing to remember when having interactions with ICE is that we have rights:

  • The right to remain silent and not answer questions about where you are from or how you entered the country

  • The right to not sign anything 

  • The right to walk away or leave if they say that you are not under arrest.

  • The right to not let them into our house without a valid warrant (signed by a judge with the right spelling of an individual’s name)

  • The right to talk to a lawyer (although you will have to find your own attorney because the U.S. government does not typically pay for an attorney to represent immigrants) 

ICE agents expect people to not know or exercise their rights, so stating, “I will not talk to you without an attorney,” can sometimes stop agents from detaining you. If ICE agents insist, or forcefully make their way into your home or place of work, do not resist. You should create a plan with your loved ones in case you are detained. If you are detained, or see someone else be detained, call your local rapid response hotline as soon as possible for legal support. Even having a card in your wallet or pocket that states your rights, or the phone number to a rapid response hotline, can show ICE that you have support and make them think twice before mistreating you.

Documents you should and should not carry with you

Carry a valid work permit or green card, if you have one. If you do not have one, generally, it is advisable to carry a municipal ID, state ID, or driver’s license, if it (a) was issued in the United States, and (b) contains no information at all about your country of origin. Ask a local immigration advocate about what kind of documents are safe to carry in your area.

  • Carry a “red card” to exercise your right to remain silent in case you are stopped or interrogated by ICE or police officers.

  • Carry the telephone number of someone who can: (a) put your plans and wishes into place, (b) call your immigration attorney, and (c) access your important documents in an emergency.

  • Carry evidence of having been in the U.S. for longer than two years if you have it, such as mail that you received at your home address with a postmark, a signed lease, church or school records with your address, etc. You may want to carry copies with you to avoid the risk of losing your originals. Share this evidence if / after you have been taken into custody.*

  • Carry with you evidence of current lawful status in the United States if you have it.

  • Do not carry any documentation about your country of origin, like a passport or consular ID card.

  • Do not carry any false identity documents or false immigration documents.

*On Jan. 21, 2025, the Department of Homeland Security expanded its use of a process called "expedited removal," putting undocumented community members at greater risk of being put in a rapid deportation process if they have been in the country less than two years

If you are arrested by ICE, you still have rights

  • Do not sign anything without first talking to an attorney. ICE might try to convince you to sign a document where you agree to be deported, but by signing this, you will be giving up your right to stay in the United States.

  • Do express a fear of returning to your home country if you have one and explain why. If you are a member of the LGBTQ+ community and are scared to return because of that reason, say this loudly and clearly, and keep repeating that you are scared to return because you are LGBTQ+. People who are scared to return to their country of origin have certain protections under U.S. laws.

If you have a pending asylum case

  • Carry a copy of your asylum receipt notice and work permit (if you have one). Doing this will offer you protection from deportation. 

  • Carry the phone number of your lawyer (if you are an Oasis client, carry the number of your Oasis caseworker) 

  • If you are arrested, ask to speak to your lawyer, and refuse to sign anything until you are able to talk to them. If you are an Oasis client, ask to call your caseworker and leave a message if they don’t pick up.

  • If you are arrested, tell the ICE agent you are scared to return to your country of origin. If you are LGBTQ+, explain you are scared to return because of that.

If you are a U.S. citizen

ICE does NOT have the right to detain or arrest U.S. citizens. If ICE tries to detain or arrest you:

  • Tell them that you are a U.S. Citizen 

  • Ask to speak to a lawyer

  • Ask for the agent’s name and badge number (and write it down)

  • Consult a lawyer about filing a lawsuit 

[Click Here for More Details About What to Do If ICE Tries to Detain a U.S. Citizen]

If ICE stops you in your vehicle

Just like when ICE tries to stop someone in public, they need a certain level of suspicion in order to stop a vehicle. Stopping a car based on the person’s perceived ethnicity is illegal. ICE will often stop cars or create checkpoints in order to arrest people. ICE may stop a car when they are targeting someone for deportation if they know the person’s license plate number. Be aware that ICE officers often use unmarked cars and wear plain clothes or vests that say “POLICE,” so it can sometimes be difficult to know who is pulling you over. If ICE tries to stop you while you are in your vehicle:

  • Before you say your name or anything else, you can ask the officers who they are and for their identification. You can ask questions like: “Are you the police?” “Are you immigration?” “Why am I being pulled over?” This will help you determine what rights you have in the interaction. ICE officers cannot arrest people for traffic violations or other violations of state law. In order to arrest you, they would need probable cause to believe you are not a U.S. citizen and are eligible for detention or deportation under U.S. immigration laws.

  • Don’t roll down your window until asked by the officer. If they ask, only roll it down partially so they cannot reach into your car.

  • If you are driving, you must show your license and registration, but you should refuse to answer any other questions, especially questions regarding your place of birth, your immigration status, or how you entered the United States. 

  • If you are the passenger, you have the right to remain silent. 

  • Ask the officer if you are under arrest. If the officer says “no,” then you can leave. 

  • If the officers show you a warrant, make sure it is signed by a judge and has your name correctly spelled on it.

  • ICE cannot search your car unless they have a warrant or you give them permission. Don’t give them permission! 

[Click Here for More Details About What to Do if ICE Pulls You Over]

If ICE comes to your workplace

Try to stay calm and don’t run. Running can give ICE a legal reason to stop you.

  • Don’t provide false documents.

  • Don’t sign anything.

  • Remain silent.

  • Keep important numbers with you.

    • If you are an Oasis client, give the ICE agent your caseworker’s number and tell them that they can call your attorney to verify that you have a pending asylum claim.

    • If you are detained, call a rapid response hotline as soon as possible.

[Click Here for More Details About What to Do if ICE Comes to your Workplace]

If ICE comes to your home

Do not open the door to ICE or other law enforcement officers if they don’t have a valid warrant.  A valid warrant is one that is issued by a court, has the correct spelling of your name (or someone’s name who is inside the home at that time), and is signed by a judge. Without a valid warrant, ICE cannot enter your home without your permission. Don’t give them permission! Ask them to show you the warrant through a window or slip it under the door. If you’re not sure what a document means, you can take a picture of the warrant and text it to a rapid response hotline for someone to help you understand what the document means.

[Click Here for More Details About What to Do if ICE Comes to Your Home]

Rapid Response Hotlines - Call for Help or Report ICE Activity

ICE has begun intimidating our immigrant community. Several rapid response networks have created hotlines for people to report ICE activity in their area, get more information about any rumors regarding ICE, and receive support in case they are detained. There are many local hotline numbers depending on your location Click here to find the hotline for your area.

Immigration Legal Services Directory

Central Valley

Click here to see the Central Valley Immigration Directory

To receive information about free immigration workshops in the Central Valley, text “ValleCentral” to 40691.


Bay Area

Click here to see the Bay Area Immigration Directory


To search for services in another geographic location in the United States,use this general directory by Immigration Advocates Network.

Your Right to Protest as an Immigrant

People around the world are taking to the streets in the form of marches and protests to express their support for different causes. If you are an immigrant and wondering if you can participate in these protests or demonstrations, the short answer is yes. But in order to participate safely and avoid problems with law enforcement and immigration authorities, Oasis has created this guide to help you prepare and better understand your rights while protesting.

[Click Here to View Our Protesting Guide for Immigrants]

Creating a Family Preparedness Plan

If you are undocumented, it is a good idea for you to have a family preparedness plan ready in case you or a family member is detained.

Make a childcare and family plan

  • Identify a trusted adult who can care for your child in your absence. Create a verbal or written agreement with this adult, with instructions, including any important information about any medical conditions or medications that your child needs to take.

  • Inform your family and emergency contacts about how to find you if you are detained by ICE - Family members can use the ICE detainee locator. You can search to find someone in ICE custody. Be sure your family and emergency contacts have a copy of your A-Number (your registration or case number found on your immigration documents), if you have one.

  • Talk to your family about your plan.


Find out about your immigration options


Your country’s consulate

Have the contact information for your country’s nearest consulate. Many consulates have an

emergency number for cases where you need immediate assistance. Have that number written down in case ICE detains you.

[Click Here to View a Detailed Step-by-Step Guide to creating a Family Preparedness Plan]

Immigration Rights Red Cards (To Print)

These “Red Cards” are created by the Immigrant Legal Resource Center for people to carry as a reminder of their rights as a person in the United States, and can also be given to law enforcement to invoke your right to remain silent or to not have them enter your private space. 

  1. You can give the red card to an immigration agent if they try to talk to you.

  2. You can show your red card through a window or slip it under the door to an immigration agent who comes to your house without a warrant. 

To print your own cards, visit: www.ilrc.org/red-cards. If you are an Oasis client and would like us to send you some of these cards, please contact your caseworker.

EXAMPLES of Documents ICE Might Show You (Search Warrant)

To come inside your home, agents should have a warrant signed by a judge. ICE typically has an administrative arrest order, but this is NOT a judicial arrest warrant. Keep in mind that ICE typically does NOT have a warrant signed by a judge, but they expect most people to not know the difference to trick people into allowing them into their home. Therefore, please study these images carefully so that you are informed if ICE shows up to your home.

  1. The image on the left is NOT a valid search warrant. If an agent shows up at your home with this document, they are not allowed to come into your home or search you. You can and should decline to let them in.

  2. The image on the right is a valid search warrant. If an agent shows you this document, they are legally allowed to search you and your home.

How to be an Ally as a U.S. Citizen

The best way for U.S. citizens to be allies is to learn about best practices from experienced immigrants and advocates. In general, we should avoid spreading panic and prioritize knowledge-sharing over spreading unconfirmed rumors. Spreading unconfirmed rumors can cause panic for those who still need to go to work and care for their families. U.S. Citizens are encouraged to: 

If you are a U.S. citizen and find yourself in the presence of ICE, avoid yelling that ICE is around. Although this might seem like a good idea in order to warn people, it will most likely  cause panic which is what we don’t want. If people start to run, that can give ICE a legal reason to start arresting people. Instead, you can do any of the following*:

*Exercise caution and use your best judgement about which of these actions feel safe for you to do in the specific situation.

Read more about what to do as a U.S. citizen if ICE tries to detain you.

Thank you to all the immigration rights advocates who helped put these resources together. Click here to view a complete list of resources.

Last edited on January 24, 2025

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