What to do if ICE or Other Federal Agents Come to your Service Site – Know Your Rights Training – April 8, 2025

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Thank you to the King County Regional Homelessness Authority for partnering with us to bring this training to our community.

Thank you to Northwest Immigrant Rights Project (NWIRP) for a presenting a rich training with regionally pertinent information. 

This training is for educational purposes ONLY. The information provided is not individualized legal advice. Individuals with immigration questions should seek the advice and counsel of an experienced immigration attorney. 

Information and updates are occurring rapidly under this administration! The information provided in this training is only guaranteed to be up to date through April 8, 2025. To stay updated on immigration law, please go to the Immigration Policy Tracking Project and join the NWIRP mailing list.

Take Collective Action to Help Immigrant Families

For 25 years, immigrants with “green cards” and other lawful immigration statuses have been denied access to federal health care, nutrition, housing, and other programs for their first five years in the United States, despite paying federal taxes during that period. 

That’s because ​​in 1996, Congress passed restrictive welfare and immigration legislation that created unnecessary barriers, including an arbitrary five-year waiting-period—often referred to as “the five-year bar.”Now, Congress has the opportunity to fix this injustice and restore access to public benefits by passing the LIFT the BAR Act.

The LIFT the BAR Act restores access to public programs like Medicaid, CHIP, and SNAP, by removing the five-year bar and other barriers that deny critical care and aid to people who are lawfully present and their families.

The legislation ensures that immigrants have access to services based on the income and resources that are actually available to them. And it ensures that anti-immigrant politicians cannot undermine the basic protections extended by federal safety net programs, while restoring state and local flexibility to provide benefits to immigrants with their own funds.

Take action now: https://pifcoalition.org/priority/tell-congress-to-lift-the-bar

Know Your Rights and Policy Updates (as of April 8, 2025)

This training covers:

  1. What federal agencies have the power to deport people
  2. Who is at risk of deportation
  3. Know Your Rights
  4. Latest policy updates
  5. Specific protections in Washington state
  6. Safety planning

Agencies Authorized to Make an Arrest

All agencies authorized to make an arrest are under the umbrella of the Department of Homeland Security, which is a large government department with hundreds of agencies. The two agencies we are most concerned about are Immigrations and Customs Enforcement (ICE) and Homeland Security Investigations (HSI). 

ICE

ICE is a huge agency. It has some agencies that concentrate on specific groups of community members:

  • Enforcement and Removal Operations (ERO) manages all aspects of enforcement from identifying people to arrest to actually arresting, detaining, and removing people
  • Criminal Alien Program (CAP) assists the ERO and focuses on community members who have come in contact with law enforcement because of alleged or actual criminal arrest or conviction

The federal administration has deputized other agencies to work for ICE, including U.S. Marshals, Drug Enforcement Administration (DEA) agents, and the Bureau of Alcohol, Tobacco, and Firearms (ATF) agents. 

The administration also encourages state and local law enforcement agencies to enter into agreements with ICE. However, because of the Keep Washington Working law, this is not concern in Washington state. We’ll learn more about Keep Washington Working later in this training.

HSI

HSI investigates violations in employment law and transnational criminal organizations. Generally when people refer to I-9 audits, they are referring to HSI. 

People at Risk of Deportation 

The law permits the federal government to deport certain community members. 

People who are undocumented can be deported. 

Note: People who came to the United States with a visa but either overstayed their visa or engaged in conduct that violated the terms of their visa are also considered undocumented. 

The government can also deport people with legal status who have committed certain criminal acts. People who are especially in danger right now are people who either have a previous order of removal or have had recent interactions with law enforcement.

ICE can figure out if a person has had interactions with the criminal system without any cooperation from state or local law enforcement. 

Regardless of who the government can technically deport, most people have a right to go before an immigration judge and fight their case. People who lawful permanent residents, or people with “green cards,” have this right. There are other immigration statuses that can prevent removal and deportation:

  • Temporary Protected Status (TPS)
  • Deferred Action for Labor Enforcement (DALE) status
  • Deferred Action for Childhood Arrivals (DACA status

Again, most people have the right to have their case heard before an immigration judge, with some exceptions. Those exceptions include having an existing removal order (can be deported immediately), people who came to the United States with a Visa Waiver entry, or people subject to expedited removal. 

Although these people don’t necessarily have the right to appear before an immigration judge, if they are afraid of returning to their home country, they can state so. That should afford them some protections. 

Know Your Rights

This administration hopes to instill fear in our communities. The administration wants to make life so miserable for our community members that they will self-deport. They want to disrupt and separate community members from their daily lives and safety.  

We combat this fear by making sure our immigrant community members know their rights. This empowers them to fight for themselves and prevents arrests. 

We know this is working. 

Immigrant Community Rights 

Everyone who lives in the United States, regardless of their immigration status, has certain rights. The most relevant ones for immigration status are the fourth and fifth amendments, which include:

  • The right to remain silent
  • The right to speak to an attorney
  • The right to privacy and protection against unreasonable searches

If ICE violates these rights, people can:

  • Go to court and ask the judge to dismiss the case because ICE violated these rights
  • Publicize the violations so other community members are aware of what’s going on

The fourth amendment rights to privacy are dependent on the location. The right to privacy is strongest in locations where there is an expectation of privacy, like a private home. The right to privacy is weaker when you’re in public. 

The fifth amendment right remains true regardless of physical location. A person ALWAYS has the right to remain silent. This is the most important right to exercise. There are many occurrences of an ICE agent saying they have reasonable suspicion to arrest someone because the person spoke and provided the agents with incriminating information. 

Next, we will go over what rights exist for people depending on location.  

If ICE Comes to your Home

For ICE to be allowed to enter your home, they need either a judicial warrant or your consent. 

A judicial warrant will say the name of a court at the top. If the warrant says the name of an agency at the top, such as “U.S. Department of Homeland Security,” it is an administrative warrant. ICE cannot enter your house with an administrative warrant unless you open the door for them. Do NOT open the door if the agents don’t have a judicial warrant. 

To validate a judicial warrant, look for the following four things:

  1. It’s issued by a court
  2. It’s signed by a judge
  3. It has the name(s) of the person(s) the warrant is issued for
  4. It has a time range

If the warrant doesn’t have the above, it is not enough to get ICE agents into the house. 

Chances of ICE having a judicial warrant for a civil arrest (criminal is different) are very low. The suggestion is to NEVER open the door for an agent, regardless if they claim they have a warrant. 

Ask the agent to show you the warrant: slide it under the door, hold it up (take a picture), or leave it by the door so you can look at it. Whatever you do, don’t open the door. 

Ask to see the officer’s badge. 

Definitely don’t open the door if ICE only has an administrative warrant. 

If ICE Pulls You Over in the Car

ICE and U.S. Customs and Border Protection (CBP) agents can pull people over with an administrative warrant. They can also use reasonable suspicion, which does NOT include what you look like or what language you speak.  

Agents can ask for your driver’s license. 

If someone pulls you over, first ask who they are (what agency they are with) and why they are stopping you. 

Remember that under Keep Washington Working, state and local law enforcement cannot cooperate with ICE or CBP. 

If the agents who stopped you have an administrative warrant, they can arrest you. 

If there isn’t a warrant, ask if you are free to go. 

If you are arrested, remain calm and stop talking. Say you want to exercise your fifth amendment right. 

ICE and CBP can only search the vehicle if they have a judicial warrant. They cannot search your vehicle with an administrative warrant only. If they have an administrative warrant, tell them you do not want them to search your vehicle.

If ICE Stops You in Public/on the Street

We can always exercise our fifth amendment right, remain silent, and refuse to answer any questions about one’s criminal background or immigration history.

Ask why you were stopped. Ask if there is a warrant. 

If there is no warrant, tell them you refuse to speak to them. Don’t allow a search. A pat down is different than a search and it is allowed regardless (for an officer’s safety).

Ask if you are under arrest. If yes, ask why. Don’t say anything else.

If you are not under arrest, ask if you can leave. Say you want to leave. Don’t say anything else. 

If there is a warrant, the agents can arrest. 

If you are arrested, remain calm and don’t answer any questions. Do not run, do not resist arrest, and do not lie or provide fake documents. These are separate charges. 

Recission of the Sensitive Location Memorandum 

The Sensitive Location Memorandum protected places like schools, hospitals, houses of worship, medical facilities, courts, and shelters. 

The Memorandum was rescinded on January 20, 2025. 

These areas were protected because they provide community wellbeing, essential services, and community safety. 

The updated memo says ICE agents can use “common sense” in enforcement actions. It allows ICE agents to target people who have not been continuously present in the United States for two years, people who were paroled, or people with certain criminal convictions or offenses. 

If ICE Comes to a Formerly Sensitive Location

Schools, houses of worship, hospitals, medical facilities, and shelters all have public and private spaces. 

If an ICE agent comes to a school, the building where classrooms are located are private areas. But school parking lots are public areas. Because everyone can enter a public space, ICE can also enter. 

The Washington Office of Superintendent of Public Instruction has provided a detailed memorandum describing how the school system protects its students. Review and share this resource: bit.ly/WAschoolsICEprotection.

Similarly, houses of worship have both public and private spaces. A private space in a house of worship could be an office, for example, or any other space deemed private by the owners and operators. 

ICE cannot enter private spaces without the proper documentation. 

For hospitals and medical facilities, patients have a right to privacy that medical staff must exercise. 

Courthouses are complicated in terms of private and public space. However, Washington state prohibits ICE from arresting community members in or near the courthouse or while traveling to a courthouse unless there’s a judicial warrant. This is because courts want people to show up for their court hearings. See bit.ly/WAcourtICEprotection for more information. 

Large-scale Raids

The first large-scale or worksite raid in Washington state occurred on April 2, 2025, in Bellingham. Thirty-seven people were arrested. We can expect more large-scale raids.

In a raid, ICE agents will likely have warrants for some specific people. However, agents use the opportunity to gather a lot of people, especially if the area is public, and put them under short administrative arrest. Then they start asking questions about immigration status. It’s very important to exercise the fifth amendment right and remain silent. 

ICE agents cannot enter any private areas of a business without a judicial warrant. 

If community members remain silent during a raid, ICE cannot establish reasonable suspicion for arrest. Remember to exercise your fifth amendment right and ask if you are free to go. 

How to Protect Immigrant Community Members at Your Agency

Organizations interested in protecting immigrant community members can take certain actions before, during, and after a visit from ICE or other federal agents. 

Before an Interaction with ICE

Three important steps need to be taken before an interaction with ICE:

  • Limit information collection
  • Develop protocols
  • Train all staff. 

Be aware of the type of personal information you are collecting from people who either work or use services at your agency. 

Limit gathering information related to a person’s immigration status. If an agency must collect this information, collect it generally as opposed to specifically identifying individuals. 

If the agency must collect information for the Homeless Management Information System (HMIS), only collect the necessary information. Nothing more. 

Make sure people who receive services know they aren’t required to provide their social security numbers to access services. We don’t want people to provide fake SSNs. Make sure participants know your agency’s privacy policies and when their information may be shared with an outside agency. 

Develop protocols that designate private and public areas in a facility. Use signs to mark private areas as private. Make as much of your facility private as possible. This may confuse community members, so provide information about why these measures are being implemented. 

Train all staff on what the protocols are, especially front desk or reception staff. These are the people who will first come into contact with agents. 

Staff should know that they should not consent to agents entering the facility under any circumstances. 

During an Interaction with ICE

Never physically interfere with officers. It can create more tension and make things more difficult. 

Train staff who will first come into contact with the agents to do the following: 

  1. Ask what agency the officers are from
  2. Ask for the name and badge number of the officers
  3. Request to see the warrant or the subpoena
  4. Make a photocopy of the warrant and badges
  5. Do not let the agents come in 
  6. Ask them to wait to speak with a supervisor
  7. Immediately notify the supervisor

Staff should be trained to say, “I understand you’re here. I respect you have a job to do. I need to speak with my supervisor.” Staff should not answer any questions. 

Remember! Everyone can exercise their fifth amendment right at all times. 

It’s very important that staff does NOT lie to an agent. If agents are asking if a specific individual is inside the facility, do not lie. Instead, exercise your fifth amendment right. 

Make sure to educate these staff members on the differences between a judicial and administrative warrant. 

Consider making a Signal or Google group with staff who will respond to a visit by ICE. 

For supervisors:

  1. If your agency has legal counsel, contact them. If your agency doesn’t have legal counsel, communicate with the National Homelessness Law Center. 
  2. State that the agents are not allowed in private areas without a judicial warrant. 

If the agents have a judicial warrant, they can enter private areas but ONLY to the specific scope of their warrant. 

Supervisors should not answer any questions. Instead, exercise your fifth amendment right. Do not provide any information to the agents. 

Do not try to hide people. Don’t interfere with the agents. 

If possible, record the interaction with your phone. Tell the agents you are recording. It is your right to record the interaction. Stop recording if you feel like it’s having an adverse effect on the person being detained. 

After an Interaction with ICE

Gather a list of everyone who was detained. Ask the agents where they are taking the people they detained.

Most detainees go to the Northwest Detention Center in Tacoma. However, families may be taken somewhere else. If a youth is detained, they will go to a different facility. 

While everything is fresh in your mind, document the following information:

  • Day and date of interaction
  • Time of interaction
  • How many agents came
  • What the agents wore and if they had guns
  • Names and badge numbers of the officers
  • Whether or not the agents had a warrant (and what warrant they had)
  • What happened during the interaction 

This information is helpful to the person who was being detained and the community at large. 

Please reference NWIRP’s advisory for nonprofit organizations and social service providers for more details and more information: https://nwirp.org/resources/kyr/

Latest Updates

For information about the updates shared with us on April 8, 2025, go to 1:07:57 in the video. 

If you need a transcript of this section of the presentation, please contact us at contact [at] homelessinfo [dot] org. 

Washington State Specific Protections

Keep Washington Working

The Keep Washington Working law passed in 2019. 

Washington state is a sanctuary state because we have the Keep Washington Working law. However, this law does not prevent ICE or other federal agents from doing their work in our state, it just prevents local and state law enforcement from cooperating with ICE. 

Under this law, local and state law enforcement agencies, including jails, are prohibited from:

  • Inquiring into or collecting information on immigration status 
  • Collaborating with by entering into agreement, or sharing information with ICE/CBP 
  • Detaining someone solely to determine immigration or citizenship status
  • Taking, or holding someone in custody based on a civil immigration warrant
  • Denying someone services, benefits, privileges 
  • Accepting or contracting with ICE/CBP for language service

If Keep Washington Working is violated, there is basis for a lawsuit. 

Courts Open to All Act

Passed in 2020, this law protects all people from warrantless civil immigration arrests at Washington state courts, including Washington State Supreme Court, Courts of Appeals, Superior Courts, and Courts of Limited Jurisdiction (such as district and municipal courts). 

This law also prohibits court staff and prosecutors from using and state and local justice resources to report people for federal immigration enforcement. 

Safety Planning 

Safety planning is especially important for families. 

Families should prepare by gathering all important documents—such as birth certificates, school records, and medical records—in a safe place. Families should also prepare for third-party care of a child OR have a durable power of attorney. 

Choose someone you trust to act as a third party and ensure they know where the important documents are. 

The Legal Counsel for Youth and Children has comprehensive safety planning documentation here: https://lcycwa.org/isp

Basic safety planning everyone can do is to prepare to be an active observer when ICE arrives. Remember to gather the following information during an interaction with ICE:

  • The officers’ identification
  • Date, time, and location of arrest
  • Language used by the officers
  • Vehicles used by the officers (was it a marked car?)

Remember that you have the right to record the interaction. Stop recording if you think it’s making the situation worse for the people being detained. 

If you think an ICE raid is happening, ask the officers what’s happening. Announce that you are recording. Record what you see. Calling 911 may not be effective. Report everything immediately to Washington Immigrant Solidarity Network’s hotline (rather than going to social media): 1-844-724-3737

Review the Washington Immigrant Solidarity Network (WAISN) website for more information and resources. 

Resources

Q&A

To watch the Q&A portion of this training, go to 1:23:24 in the recording.