In the present political and security climate in the USA, if you or a loved one is an immigrant, you need to know what to do if ICE detains you. Don’t wait until you get deported or have lost valuable time in custody to learn that you actually have legal pathways to stop a detention and a deportation. Yes, you can fight your case, but you need the right knowledge and support to do it effectively.

Since January 2025, ICE (U.S. Immigration and Customs Enforcement) has significantly increased detentions. Here are the latest statistics from the Transactional Records Access Clearinghouse (TRAC) as of March 23, 2025:

• 47,892 immigrants are currently (April 2025)  in ICE custody
• 23,014 of the detainees have no criminal record
• 21,630 new detainees were incarcerated in ICE facilities in February alone
• 183,884 families or individuals are monitored under ATD (Alternative to Detention) programs

With these rising numbers, every immigrant who wants to stay in the country and protect their family and assets needs to:

1. Know their rights
2. Build a strong support network, including community and advocacy groups
3. Create a family emergency plan
4. Secure experienced legal representation

Don’t wait until you’re detained to learn your rights. Preparation is the best protection. Read this article to learn:

• What authority ICE needs to detain you
• Legal options to stop deportation
• How you might qualify to stay in the U.S.

What Does ICE Need to Detain You?

Some people think ICE can detain immigrants at any time and any place. This isn’t true – they need either an administrative order or a court order to make arrests. The administrative order can be used to detain immigrants in any public space, while the judicial order, signed by a judge, allows them to detain you in your home or other private spaces.

1. Detention in public places: Only requires an ICE administrative order (Form I-200 or I-205), which isn’t signed by a judge. Common detention locations include:
   1.  workplaces (factory or construction site raids),
   2. traffic or criminal courts (when leaving a hearing),
   3. airports or public transit stations,
   4. outside your residence (when entering or leaving).

2. Detentions at home or private spaces: Requires a judicial warrant signed by a judge. Without one, you’re not obligated to open your door.

What’s the Difference Between an ICE Administrative Order and a Judicial Warrant?

Understanding the difference between an ICE administrative order and a judicial warrant is crucial for protecting your rights. Many immigrants don’t realize that immigration officers operate under different rules depending on which type of order they have. Your legal defense avenues depend on the type of document. Here are the key characteristics of each:

1. ICE Administrative Order: Issued by ICE without judicial review.
   1. Valid for:
      1. Detentions in public places (streets, workplaces, transportation)
      2. Does NOT authorize entry into your home without consent
      3. Common reasons for issuance:
         1. Expired visa
         2. Previous deportation order
         3. Suspected immigration violation

2. Judicial Warrant (“Warrant”): Issued and signed by a judge, must contain your full name and exact address.
   1. Valid for:
      1. Detentions anywhere, including your home (officers can force entry)
         Common reasons for issuance:
         1. Serious crimes like fraud, domestic violence, or federal offenses
         2. Evasion of immigration proceedings

What to Do If ICE Shows a Detention Order?

The first thing you must do if ICE tries to detain you is ask to see the order. If you’re at home, never open the door, don’t step outside, and don’t let them enter. Demand that they show you the order through the window. If it’s an administrative order (I-200/I-205), you are NOT required to let them in or go with them.

If it’s a judicial warrant, look for the judge’s stamp and signature. Check for errors. If your name or address is incorrect, the warrant is invalid. If the information is correct, you are legally required to comply.

Do not sign anything, don’t verify information, and don’t make statements. Anything you say can be used against you. Do everything possible to contact an experienced immigration attorney who can represent you immediately.

How to Stop Deportation When ICE Comes to Your Home Without a Judicial Warrant

If ICE agents arrive at your home without a valid judicial warrant, it’s crucial to know your rights and how to respond. Many immigration arrests begin with home visits where officers attempt to gain access or information without following proper legal procedures. In these critical moments, staying calm and asserting your rights can mean the difference between protecting your ability to stay in the country and facing fast-tracked deportation. Before asking “What happens if ICE detains you?” ask yourself: “How can I stop ICE’s attempt to detain me?”. Follow this advice on how to handle an ICE detention:

1. Stay calm and don’t open the door: ICE agents may be persuasive, but remember – without a judge-signed warrant, they have no right to enter your home without consent. Speak through the closed door and ask clearly: “Do you have a judicial warrant signed by a judge?”

2. Demand to see and verify the warrant: If agents claim to have one, insist they show it clearly – either sliding it under the door or holding it to a window. Check that it includes:
   • Your complete and correctly spelled name
   • Your exact address
   • An original judge’s signature (not a copy or electronic stamp)

3. Remain silent: You’re not required to answer questions about your immigration status, birthplace, or how you entered the country. State clearly: “I exercise my right to remain silent until consulting a lawyer.” Any spontaneous statement, even seemingly harmless, like “I came here five years ago,” can be used against you in deportation proceedings.
4. Don’t sign anything: ICE often presents “voluntary departure” forms or other documents that, when signed, can speed up deportation. Say firmly: “I won’t sign anything without consulting my lawyer first.”
5. Contact a lawyer immediately: If agents persist, call an immigration attorney right away. State: “I want to exercise my right to legal counsel.” Keep an attorney’s number saved in your phone and share it with loved ones. Preparation starts with thinking: “I’ll need a lawyer if ICE detains me.”
6. Record the interaction if safe: In 38 states, it’s legal to record conversations when one party (you) consents. Use your phone to document the encounter while stating: “I’m recording this interaction to protect my rights.”
7. Protect children and vulnerable individuals: If minors or disabled persons are present, tell agents: “There are children/disabled individuals here, we request you don’t enter to avoid distressing them.”

While these steps to take if ICE arrests you don’t guarantee avoiding deportation, they maximize your chances for a fair process. Remember: ICE often relies on voluntary cooperation or immigrants not knowing their rights. Always keep a trusted immigration lawyer’s contact information accessible.

How to Fight Deportation After an ICE Arrest

If ICE detains you and begins deportation proceedings, all is not lost. The U.S. immigration system offers several legal alternatives that could allow you to remain in the country. These options vary depending on your specific situation, length of residence, criminal history (if applicable), and personal circumstances.

It’s critical to act quickly and seek legal advice if ICE detains you, as each option has specific requirements and strict deadlines. Remember, you shouldn’t wait until ICE detains you to explore whether you can regularize your immigration status. Start the process as soon as possible to protect your future and your loved ones.

If you’re wondering, “what immigrants should do if detained by ICE”, here are the main defenses against deportation:

1. Asylum Application

Asylum provides protection for individuals who have suffered persecution or fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group.

Key Details:

• You must file your application within one year of arriving in the U.S., though exceptions exist for changed circumstances
• The process may take years and requires demonstrating a “credible fear” of persecution
• While your case is pending, you may apply for a work permit

2. Cancellation of Removal

Even if ICE detains you, you may qualify for cancellation of removal. This relief is available to long-term residents with good moral character and strong family ties in the U.S.

Key Requirements:

• Continuous physical presence in the U.S. for at least 10 years (non-residents) or 3 years (certain VAWA applicants)
• Proof that deportation would cause “exceptional and extremely unusual hardship” to a qualifying U.S. citizen or permanent resident relative
• No convictions for certain serious crimes

3. Adjustment of Status

This process may be available to you, allowing you to obtain permanent residency without leaving the United States. Your child or another qualifying relative may be able to assist with your application.

Who Qualifies:

• Immediate relatives of U.S. citizens
• Beneficiaries of employment-based petitions
• Certain approved asylum applicants

Important Considerations:

• Generally not available if you entered the country illegally (exceptions apply for VAWA cases or parole in place)
• Requires a sponsor to submit all necessary documentation

4. Protection Under VAWA

The Violence Against Women Act (VAWA) provides protections for victims of domestic violence, abuse, or extreme cruelty by a U.S. citizen or permanent resident spouse or family member. Important: You don’t need to be female to qualify for VAWA protections.

Key Benefits:

• Allows you to apply for residency without relying on your abuser
• Protects abused spouses, children, and parents
• Confidential process: Your abuser will not be notified about your application

5. Benefits Under NACARA

The Nicaraguan Adjustment and Central American Relief Act (NACARA) provides specific immigration relief for certain Central American nationals.

Who Qualifies:

• Salvadorans, Guatemalans, and Hondurans who have been present in the U.S. since specific dates
• Allows applicants to request either suspension of deportation or adjustment of status

6. Protection Under the Convention Against Torture (CAT)

This protection applies to individuals who may face torture in their home country with government consent or participation.

Key Differences from Asylum:

• No need to prove persecution based on specific grounds
• Higher evidentiary standard: must show torture is “more likely than not” to occur
• Approval doesn’t lead to permanent residency, but provides protection from deportation

7. Appeal

In some cases, immigration judges or ICE agents may make technical errors. If you or your attorney identify such mistakes, you can appeal the decision to the Board of Immigration Appeals (BIA).

You must file your appeal within 30 days after the deportation order. You’ll need to prove there were legal or procedural errors in your case. This is why recording ICE interactions, especially home detentions, is critically important.

Key Benefit:

Any immigrant can benefit from an appeal if irregularities occurred in their proceedings.

8. DACA (Deferred Action for Childhood Arrivals)

The Deferred Action for Childhood Arrivals program protects immigrants who came to the United States before age 16. Applicants must have lived continuously in the country since 2007 and have no serious criminal history. If this applies to you or a loved one, begin the application process immediately; don’t wait for potential detention.

Key Benefits:

• Access to certain federal assistance programs
• Eligibility for work authorization

9. U and T Visas

These visas protect victims of serious crimes who cooperate with law enforcement. Underage victims are exempt from the cooperation requirement. Qualifying crimes include human trafficking and domestic violence.

Key Differences from VAWA and Asylum:

• The perpetrator doesn’t need to be a family member
• The crime must have occurred in or be connected to the U.S. (not the victim’s home country)

Final Considerations If You Are Detained by ICE

These options are not mutually exclusive. An experienced immigration attorney can help you identify the most effective combination of strategies for your specific case. Timing is critical, you must act quickly.

While deportation proceedings are among the most challenging and stressful experiences any immigrant can face, having knowledgeable and compassionate legal professionals on your side makes all the difference.

If you are still wondering what to do if ICE detains you, you can call an experienced immigration attorney to receive a review of your case and explore all legal options. In any case, it’s essential to make a family plan, build a strong support network, study your rights, and save the phone number of a trusted immigration attorney in your phone. A strong preparation will help protect you and your family.