ICE — what to do during a check, your constitutional rights (4th and 5th Amendment)

If ICE is checking you — you have constitutional rights regardless of your immigration status. Knowing these rights can protect you from deportation or buy you time for a lawyer.

4th Amendment — Your home

ICE CANNOT enter without a WARRANT from a JUDGE

There are two types of warrants:

1. Judicial warrant — sufficient for entry

• Signed by a federal judge
• Issued in your name and address
• Format: usually SF-93 or similar federal warrant
• Header: "U.S. District Court" or "Federal Magistrate Judge"

2. Administrative warrant (Form I-200) — NOT SUFFICIENT

• Signed by an ICE officer (not a judge)
• Header: "Department of Homeland Security" or "ICE"
• DOES NOT grant the right to enter your home without your consent
• Most ICE warrants are administrative

What to do when ICE knocks

1. DO NOT OPEN the door

You can talk through the door or window. You do not have to open it.

2. Ask for the warrant

"Do you have a warrant signed by a judge?"

3. Ask them to slide the warrant under the door

"Please slide the warrant under the door."

4. Check the warrant

• Does it have your name?
• Does it have your exact address?
• Is it signed by a judge, not an ICE officer?
• Does it have a date and is it current?

5. If the warrant is invalid or administrative

Say: "I do not consent to your entry. I am exercising my Fourth Amendment rights."

6. If they enter anyway (with an administrative warrant)

• DO NOT PHYSICALLY RESIST
• Say loudly: "I do not consent to this search."
• Remember details, write them down later

5th Amendment — Your statements

The right to REMAIN SILENT

• You do not have to answer any questions
• "I choose to remain silent."
• "I do not wish to answer any questions."
• Anything you say can be used against you in immigration court

The right to a LAWYER

• "I want to speak to a lawyer."
• "I will not answer any questions until I speak to my lawyer."
• ICE must stop questioning after this request (a 4-hour limit applies in some jurisdictions)

What NOT to say

• Country of birth (even if asked)
• Date of entry to the USA
• Immigration status
• "I am a citizen of Poland" — this is evidence that you are not a USC
• "I live here" — helps ICE prove presence

What to SAY if you must

• "I am exercising my right to remain silent."
• "I want to speak to a lawyer."
• "I do not consent to a search."
• "Am I free to leave?" — if so, LEAVE

DO NOT LIE

• Lying to ICE = federal crime (18 USC § 1001)
• Better: "I do not wish to answer" than "Yes, I'm a citizen" (when you are not)
• DO NOT show false documents

Common situations

Traffic stop (police + ICE collaboration)

• The police can stop you for a traffic violation
• Some states/cities (Texas, Arizona) — police collaborates with ICE
• "Sanctuary cities" (NYC, Chicago, LA, SF, Boston, Newark) — police DO NOT ask about status
• Show your driver's license, but remain silent about status
• "Am I free to go?" — key question

ICE at work (workplace raid)

• ICE needs a warrant to enter a "private area"
• "Public area" (reception, counter) — ICE can be there
• The employer can agree to or refuse ICE entry
• DO NOT RUN — ICE can detain for "fleeing"
• Remain silent, request a lawyer

ICE in court / office

• Unfortunately, ICE is in courts (family, criminal) in some states
• Sanctuary states (NY, CA, IL, MA, NJ) — ICE in courts is limited
• Consult a lawyer before visiting court / office

ICE on the street / in transport

• "Stop and identify" laws in some states
• You must show ID if asked for ID
• BUT: you do not have to answer other questions
• "Am I free to leave?"

ICE on a bus / train (border patrol checkpoint)

• 100 miles from the border: CBP can stop public transport
• Questions: "Are you a U.S. citizen?"
• The right to silence applies
• "I prefer not to answer."

What to do if ICE detains you

1. Stay calm

• DO NOT run — this is grounds for force
• DO NOT physically resist
• DO NOT shout, do not panic

2. Keep your hands visible

• Above your head or on the steering wheel / counter
• Slow movements

3. Assert your rights

• "I am exercising my right to remain silent."
• "I want to speak to a lawyer."

4. DO NOT SIGN anything without a lawyer

• ICE may show "voluntary departure" form
• "Stipulated removal"
• "Waiver of rights"
• ALL = traps without consultation

5. Demand a phone call

• Right to call: family, lawyer, consulate
• Polish consulate — right under the Vienna Convention
• The emergency number of the Polish consulate always works

Family emergency plan — prepare in advance

Power of Attorney

• Power of attorney for a trusted person (USC/LPR)
• Can manage your finances, children, home
• Notarized + apostille if it comes to Poland

Care plan for children

• Who will care for them if detained?
• Standby Guardianship — in some states
• All child's documents in one place

Contact list

• Immigration lawyer — with phone number
• Polish Consulate — 24/7
• Family USC/LPR with decision-making power
• Bank, employer, children's doctor

Documents in a safe place

• Passport (original + scan)
• Children's birth certificates
• Marriage certificates
• All immigration documents
• Tax returns
• List of bank accounts

"Know Your Rights" card

Download and keep a card (in Polish):

• ACLU: aclu.org/know-your-rights
• NILC: nilc.org
• UWO (United We Dream): card templates in many languages

The card shows ICE: "I am exercising my right to remain silent" — without the need to speak.

How to verify that it is ICE (not a scammer)

• ICE/CBP officer shows an official badge
• Identifies the agency: "ICE Officer [name]"
• Vehicle has ICE/CBP logo
• WARNING: Scammers impersonate ICE and extort money. Real ICE NEVER asks for payment on the spot.

Special protections for Poles

Vienna Convention on Consular Relations

• Poland is a signatory
• Arrested foreign nationals have the right to immediate contact with the consulate
• "I want to call the Polish consulate"
• The USA must facilitate this

Polish consulates in the USA

• NYC: +1 646 237 2100
• Chicago: +1 312 337 8166
• LA: +1 310 442 8500
• Houston: +1 713 974 0461
• Embassy Washington: +1 202 234 3800
• 24/7 emergency phones — used in crisis situations

Common mistakes

1. Opening the door to ICE without a warrant — letting them in
2. Answering questions without consultation
3. Talking about immigration status
4. Signing anything without a lawyer
5. Showing false documents — federal felony
6. Lack of a family emergency plan — chaos after detention
7. Not calling the consulate — right under the Vienna Convention
8. Physically resisting — grounds for force
9. Running — gives ICE cause for arrest
10. Speaking loudly in Polish about your status in public places

After an incident with ICE

1. Note everything — officers' names, badge numbers, time, witnesses
2. Film if safe (neighbor, passenger)
3. Contact a lawyer within 24 hours
4. Contact the consulate
5. Contact family
6. If detained — report to ACLU, NILC for advocacy

Official links

• ACLU — Know Your Rights: Immigration Enforcement
• National Immigration Law Center
• United We Dream — Know Your Rights
• U.S. Immigration and Customs Enforcement
• Polish Consulates in the USA

Related: [[deportacja-z-usa-prawa-opcje-obrony]] · [[removal-proceedings-immigration-court-eoir-co-robic]] · [[adwokat-imigracyjny-jak-znalezc-i-wybrac-w-usa]]