What To Do If You’re Approached by Immigration Officials in New Jersey

Remain calm. Do not run. 

If you’re stopped by Immigration and Customs Enforcement (ICE), ask them “Am I free to leave?” If you are, calmly walk away. 

Ask agents to show you their badges. ICE agents sometimes wear uniforms that say "Police" even though they are not police officers; it is important to confirm what agency officers work for. 

You have the right to remain silent, even if the officer has a warrant. Anything you say – including sharing the country in which you were born, your immigration status, or your criminal history – can be used against you.  

Do not physically resist or reach for your belongings without permission, even if you think ICE officials are acting unfairly or unlawfully. 

You have the right to say no to searches of your car, house, phone, or person. You cannot be arrested for refusing to consent to a search. However, ICE may search or “frisk” you if they are placing you under arrest, or if they have a valid search warrant signed by a judge. 

If you are not under arrest, you have the right to photograph or film ICE activity in public unless you physically interfere. If you have a right to be somewhere, you can record from there. 

You do not have to talk about your immigration status or present immigration-related documents to ICE. If an agent asks you for immigration documents, what you need to provide depends on your immigration status: 

  • U.S. citizens do not have to carry proof of citizenship if they are in the United States. 
  • If you have valid immigration documents and are over the age of 18, the law requires that you carry those documents with you. 
  • If you are an immigrant without documents, you can decline the officer’s request, although an agent may then ask you more questions. You have the right to remain silent even if the officer asks questions. 

Never lie or present fake or fraudulent documents. If you do not have valid immigration documents or if you only have identification from a foreign country (like a foreign passport), tell officers that you want to remain silent and want to speak with a lawyer. 

ICE cannot hold you unless they have reason to think you are in the country without authorization or have violated an immigration-related criminal law. Race or ethnicity alone are not valid reasons to stop you.  

Make a plan ahead of time with family and friends in case you are ever arrested by ICE. Memorize important phone numbers and make emergency plans with people you trust. 

Do not sign anything before talking to a lawyer. 

If you are arrested by ICE: 

  • Ask for a lawyer. 
  • Tell authorities you’re going to remain silent. 
  • Say nothing else. 

1. What To Do If You’re Approached by Immigration Officials While in a Car in New Jersey

A.What To Do If You’re Approached by Immigration Officials While in a Car in New Jersey

A.

In New Jersey, drivers must carry their driver’s license, vehicle registration, and insurance card in their vehicles at all times. Present only your state-issued license or another valid U.S.-issued document for identification. Do not show any false or foreign identification.  

ICE cannot search your car unless they have a warrant signed by a judge. Ask to see the warrant. If they do not present a valid warrant but search anyway, state clearly that you do not consent to a search, but do not physically resist. 

2. What To Do If You’re Approached by Immigration Officials at Your Home In New Jersey

A.What To Do If You’re Approached by Immigration Officials at Your Home In New Jersey

A.

If ICE agents come to your home, you do not have to open the door.  

ICE agents must have a warrant signed by a judge to enter your home without consent. It is important to note that a warrant of removal/deportation (Form I-205) does NOT allow officers to enter a home without consent. If officers say they have a warrant to enter your home: 

  • Ask to see it – have them slip the warrant under the door or hold it up to a window or peephole. 
  • Make sure the information listed is correct. 
  • Make sure that a judge has signed it. 

If ICE asks to enter or search your home without a valid warrant signed by a judge, you have the right to refuse. If they enter anyway, do not physically resist. You can say, “I do not consent to you entering my home or searching my home. I am exercising my right to remain silent. I want to speak with a lawyer.”  

If you are arrested in your home, ICE officers can search you and the area close by, which rarely includes more than the room you are in. If they search beyond that, state that you do not consent to their search. 

What To Do If You Feel Your Rights Have Been Violated 

Sometimes ICE officials detain or arrest people in violation of their rights. If this happens to you, or if there is an ICE raid, write down everything as soon as possible, including any identifying information about the officers and their vehicles. If injured, seek medical attention and take photos. 

If you were arrested or have been a victim of ICE misconduct, contact a lawyer as soon as possible. You can find a list of providers here, and by calling the Legal Services of New Jersey Hotline at 1-888-LSNJ-LAW. 

You can also contact the ACLU-NJ here.

The information on this page is general in nature and does not constitute legal advice. Consult an attorney for legal advice. Produced and distributed as a free public service by the American Civil Liberties Union of New Jersey Foundation, a non-partisan, nonprofit civil rights advocacy group.