Your Rights If ICE Arrests You Outside Your Home
An ICE arrest outside your home — at work, in your car, or on the street — is terrifying but you have constitutional rights regardless of your immigration status. Knowing what to say, what not to say, and what not to sign can significantly affect how your case proceeds.
Reviewed by Gracie Johnson, Certified Specialist in Immigration and Nationality Law, State Bar of California, California State Bar #276536
Last reviewed: July 2, 2026
You have the right to remain silent. Under the Fifth Amendment, you cannot be compelled to incriminate yourself. If ICE stops you on the street, you can say: 'I am exercising my right to remain silent. I want to speak with a lawyer.' You do not have to answer questions about where you were born, your citizenship status, how you entered the US, or where you live.
You do not have to consent to a search of your person, your car, or your belongings, though ICE can conduct a limited pat-down for weapons if they have reasonable suspicion. If asked to consent to a search, say clearly: 'I do not consent to a search.' Do not physically resist — if ICE searches despite your objection, your attorney can address this in court.
Do not sign anything without speaking to an attorney. ICE may present you with a Form I-826 (Notice to Alien of Right to Request Hearing) or a Form I-214 (Record of Deportable/Inadmissible Alien) and ask you to sign. Signing these documents can waive important rights. Say: 'I will not sign anything without speaking to a lawyer.'
If you are detained, ICE must tell you why you are being arrested. Memorize or keep written in a secure place: the phone number for Gracie Johnson Law at (310) 554-4630. Share it with family members so they can call immediately if you are arrested.
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Also available in Spanish: Sus Derechos Si ICE Lo Arresta Fuera de Su Hogar