{"id":93,"date":"2026-10-19T14:09:17","date_gmt":"2026-10-19T18:09:17","guid":{"rendered":"https:\/\/www.thelatinamericans.com\/?p=93"},"modified":"2026-10-19T14:09:17","modified_gmt":"2026-10-19T18:09:17","slug":"derechos-si-ice-llega-casa-trabajo-calle","status":"publish","type":"post","link":"https:\/\/www.thelatinamericans.com\/en\/derechos-si-ice-llega-casa-trabajo-calle\/","title":{"rendered":"If ICE comes to your home, your workplace, or stops you on the street: these are your rights"},"content":{"rendered":"

Every person in the United States, regardless of immigration status, has the right to remain silent before Immigration and Customs Enforcement (ICE) agents and may refuse to open their door unless shown a warrant signed by a judge. These protections are derived from the Fourth and Fifth Amendments of the Constitution. Constitution<\/a>, and they explain them in their guides American Civil Liberties Union (ACLU)<\/a>, he Immigrant Legal Resource Center (ILRC)<\/a> and the National Immigration Law Center (NILC)<\/a>.<\/p>

The Fourth Amendment protects the right of the people to be free from unreasonable searches and seizures and requires that every search warrant describe the place and the person being sought. The Fifth Amendment establishes that no one can be compelled to testify against themselves.<\/p>

\"Infograf\u00eda:<\/figure>

What is the difference between a court order and an ICE warrant?<\/h2>

A court order includes the name of a court, such as "US District Court" or a state court; it mentions your name, the name of someone you live with, or your address, and it is signed by a judge. An administrative warrant is signed by an immigration officer, not a judge, and is usually an I-200 or I-205 form from the Department of Homeland Security (DHS). According to the ILRC, this document allows for the arrest of a person for a civil immigration matter, but it does not authorize entry into a private residence. The NILC clarifies that the signature of an immigration judge does not make it a court order either.<\/p>

There is a point of contention. An ICE memo dated May 12, 2025, and signed by its then-acting director, Todd Lyons, maintains that Form I-205 is sufficient to arrest a person with a final deportation order at their residence, even by force. ACLU<\/a> Other lawyers are challenging it on behalf of affected families in a federal court in Washington, D.C., and organizations in Massachusetts have another lawsuit in Boston. In a May 8, 2026, letter to Senator Richard Blumenthal, Homeland Security Secretary Markwayne Mullin said he had paused the practice while he reviewed the policy. In June and July, the administration told both courts that the pause remains in effect and that ICE will not use the I-205 to enter a home without consent while it lasts. The memorandum has not been rescinded, and as of October 19, 2026, neither court has ruled. Legal guidance continues to recommend not opening the door.<\/p>

\"Imagen
Illustrative image generated with AI.<\/figcaption><\/figure>

What does it mean to you?<\/h2>