For many immigrant families in Texas, the fear of an ICE (U.S. Immigration and Customs Enforcement) visit is very real. Whether you are undocumented, have a pending immigration case, or are simply unsure of your status, knowing your legal rights before an encounter with immigration agents can make a critical difference in your future in this country.
At Manuel Diaz Law Firm, our immigration attorneys in Dallas are dedicated to empowering the Hispanic community with the information and legal representation needed to navigate these situations.
Your Constitutional Rights During an ICE Encounter
The Right to Remain Silent
You have the Fifth Amendment right to remain silent. You are not required to answer questions about where you were born, how you entered the country, or your immigration status. The safest thing to say is: “I am exercising my right to remain silent. I want to speak with an attorney.”
The Right to Refuse Entry Without a Warrant
ICE agents cannot enter your home without a valid judicial warrant — that is, a warrant signed by a federal judge or magistrate. An administrative warrant (Form I-200 or I-205) issued by ICE itself is NOT a judicial warrant and does not give agents the right to enter your home without your consent.
If agents arrive at your door, you can speak to them through the closed door and ask: “Do you have a judicial warrant signed by a judge?” If they do not, you are not required to open the door.
The Right to an Attorney
You have the right to speak with an immigration attorney before answering questions or signing any documents. Do not sign anything without first consulting a lawyer. Signing a document — even one you do not understand — could result in you waiving important rights.
Step-by-Step: What to Do If ICE Knocks on Your Door
Step 1 — Do Not Open the Door Immediately
Stay calm. Do not open the door out of reflex. Ask who is there through the door. If agents identify themselves as ICE or immigration officers, do not panic and do not run.
Step 2 — Ask If They Have a Judicial Warrant
Ask agents to slide any warrant under the door or hold it up to a window. A valid judicial warrant will have a federal court’s name and the signature of a federal judge or magistrate. If the document is an administrative ICE warrant (Form I-200 or I-205), this is NOT a judicial warrant and you do not have to let them in.
Step 3 — If There Is No Judicial Warrant, Do Not Consent to Entry
Calmly say through the door: “I do not consent to entry.” You are legally permitted to do this. Do not argue, do not threaten, and do not resist — simply and clearly state that you do not give permission to enter.
Step 4 — If They Have a Valid Judicial Warrant
If agents present a valid judicial warrant, you must allow them to enter. Even so, you still have the right to remain silent. Clearly state: “I am exercising my right to remain silent and I want to speak with my attorney.”
Step 5 — Do Not Sign Anything
Agents may present documents for you to sign. Do not sign anything without an attorney. Signing can have serious immigration consequences, including agreeing to voluntary departure, which may bar you from returning to the United States for several years.
Step 6 — Contact an Immigration Attorney Immediately
As soon as it is safe to do so, contact an immigration lawyer. If a family member has been detained, gather as much information as possible — the agent’s name, badge number, and any documents presented — and call an attorney right away.
What to Do If You or a Family Member Is Detained by ICE
- Memorize or write down an attorney’s phone number. Once detained, you may not have access to your phone.
- Request a hearing before an immigration judge. You have the right to have your case heard before being removed from the country — do not waive this right.
- Do not sign a “voluntary departure” agreement without speaking to an attorney first. It can result in bars to re-entry and waiver of other forms of relief.
- Family members should contact an immigration attorney as soon as possible to begin the process of locating where the detained person is being held.
How to Prepare Your Family Before an ICE Encounter
- Create a family safety plan. Designate a trusted adult to care for your children if you are detained.
- Carry a “Know Your Rights” card in your wallet at all times. Our office can provide you with one.
- Consult an immigration attorney. Understanding your specific immigration situation allows your attorney to prepare the best possible strategy if an ICE encounter occurs.
- Gather important documents. Keep copies of passports, birth certificates, any immigration documents, and your attorney’s contact information in a safe place.
- Do not carry false documents. Carrying fraudulent immigration documents can result in criminal charges in addition to immigration consequences.
Frequently Asked Questions About ICE Encounters in Texas
Can ICE enter my workplace without a warrant?
ICE can enter public areas of a business without a warrant, but generally cannot enter private areas — such as employee-only spaces — without either a judicial warrant or the employer’s consent.
What is a “sanctuary city” and does it affect my rights in Texas?
Texas law (Senate Bill 4) prohibits local governments from adopting sanctuary city policies. This means local police in Texas may cooperate with ICE and honor immigration detainer requests. Knowing your rights and having legal representation is even more important in Texas than in states with broader sanctuary protections.
Can ICE stop me on the street or in my car?
ICE agents can approach you in public places. However, you still have the right to remain silent. If stopped, ask clearly: “Am I free to go?” If the answer is yes, calmly walk away. If the answer is no, you are being detained — state that you are exercising your right to remain silent and ask to speak with your attorney.
What happens if I have a prior order of removal?
If you have a prior order of removal, you face an elevated risk of being quickly removed without an additional hearing. However, legal options may still exist depending on the circumstances. Contact an immigration attorney immediately — do not wait.
Contact an Immigration Attorney in Dallas Today
At Manuel Diaz Law Firm, our Dallas immigration attorneys understand the fear and uncertainty that comes with an ICE encounter. We are here to protect you and your family’s rights — before, during, and after any immigration enforcement situation.
We offer a free initial consultation and serve immigrant families throughout Dallas, Fort Worth, San Antonio, Denton, Mesquite, and all of North Texas. We are fully bilingual — hablamos espanol.
Call us now at (855) 900-3429 or submit a contact form online to speak with an immigration attorney as soon as possible.
Manuel Diaz Law Firm
8100 John W. Carpenter Fwy, Suite 200, Dallas, TX 75247
Serving Dallas, Fort Worth, San Antonio, Denton, Mesquite, and all of Texas
(855) 900-3429 | diazlf.com
