An encounter with Immigration and Customs Enforcement (ICE) can be frightening—especially for undocumented immigrants and their families. But it’s important to understand that you have rights under the U.S. Constitution, regardless of your immigration status. The key is to know what those rights are, how to use them, and how to ensure your family is prepared too.
At The Law Offices of James A. Welcome, we’ve helped protect immigrant families in Connecticut for over two decades. We’ve seen firsthand how knowledge and preparation can make a difference between safety and detention. This guide is for anyone who may face an ICE encounter—or has a loved one who might.
What Rights Do You Have If ICE Approaches You?
Contrary to what many believe, undocumented immigrants still have constitutional rights in the United States. If you’re approached by ICE, whether in public, at work, or at home, remember these key protections:
You Have the Right to Remain Silent
You are not required to answer questions about your immigration status, where you were born, or how you entered the country. You can simply say: “I choose to remain silent.”
You Do Not Have to Show ID or Sign Anything
You are not legally required to carry immigration documents unless you have them as part of a legal process. Do not sign any forms ICE gives you unless you’ve spoken with a lawyer. Some documents may waive your right to a hearing or lead to immediate deportation.
You Have the Right to Speak to a Lawyer
Even if you are undocumented, you have the right to consult with an immigration attorney before answering questions. ICE cannot force you to waive that right.
You Have the Right to Refuse Entry to Your Home
Do not open the door if ICE shows up at your home. ICE agents must present a warrant signed by a judge in order to legally enter. You can ask them to slide the warrant under the door. If it’s not signed by a judge, you are not required to let them in.
What to Do If ICE Comes to Your Home
Here’s a simple checklist to follow:
– Stay calm and do not open the door.
– Ask the agents to show a warrant signed by a judge (not just an ICE administrative warrant).
– Do not sign any paperwork without legal guidance.
– Inform everyone in the home not to open the door or speak without an attorney present.
– Record the interaction if it’s safe to do so.
– Call your immigration attorney as soon as possible.
Many people panic in these moments, but opening the door without a warrant gives ICE a legal reason to enter and question you.
Common Triggers That May Lead to ICE Action
ICE does not operate randomly. There are a number of reasons why someone may end up on ICE’s radar, including:
– Prior Deportation Orders: If you missed an immigration court hearing—even unknowingly—you may already have a final removal order.
– Criminal Convictions: Certain criminal offenses, even minor ones, can make someone a priority for enforcement.
– Visa Overstays: If you entered the U.S. legally but overstayed your visa, ICE can take action.
– Workplace Raids: Employers sometimes provide information that leads to mass ICE activity at a business.
– Traffic Stops: A simple traffic violation can lead to arrest if your name is flagged in a database.
Even if you believe you are not at risk, it is always best to stay informed and have a plan.
Why U.S. Citizen Family Members Need to Be Informed Too
If you’re undocumented but living with U.S. citizens—whether they’re your children, spouse, or roommates—they also need to understand your rights. Here’s why:
– ICE may target the household: Even if only one person is undocumented, ICE may knock on the door of a shared residence.
– Family members can help prevent unlawful entry by knowing not to open the door without a judicial warrant.
– Children and spouses should know how to respond: Teaching them to remain calm and refer ICE agents to an attorney can help prevent miscommunication and harm.
– Emergency planning matters: You should discuss child care, power of attorney, and financial responsibilities in case of sudden detention.
What You Should Never Do in an ICE Encounter
– Do not lie about your immigration status
– Do not run from ICE agents
– Do not open the door unless they have a signed judicial warrant
– Do not sign anything without an immigration attorney
– Do not give false documents or pretend to be a U.S. citizen
These actions can lead to criminal charges, loss of immigration options, and faster removal.
What Happens After an ICE Arrest in Connecticut
At The Law Offices of James A. Welcome, we know how overwhelming and frightening it can be when a loved one is arrested by ICE. Our firm has represented immigrant families across Danbury, Waterbury, Hartford, Bridgeport, and Norwalk for over two decades—and we’re here to guide you through every step.
If ICE takes someone into custody in Connecticut, the process can move quickly. Understanding what happens next is critical to protecting your rights and giving you time to respond with legal support.
1. Where Will They Be Taken?
After an arrest, ICE typically transports individuals to a local detention center or a facility that works with immigration enforcement. During intake, personal details and immigration status are reviewed. You have the right to remain silent and ask to speak with an attorney—and we strongly advise that you do.
2. What Is a Notice to Appear (NTA)?
ICE will issue a Notice to Appear (NTA), which begins the formal removal process. The NTA outlines the reasons the government believes you should be deported and tells you when and where to appear in immigration court. It’s essential to attend every scheduled hearing—or risk an automatic order of removal.
3. Can They Be Released?
In many cases, our attorneys at The Law Offices of James A. Welcome can request a bond hearing or advocate for release from detention. ICE may:
– Hold the person without bond if they believe the case qualifies for mandatory detention
– Offer release on bond, which can be paid by a family member or friend
– Allow release without bond, especially in humanitarian cases or for individuals with no criminal history
We can help families understand their legal options and pursue the best chance at release.
4. What Happens in Immigration Court?
Court hearings take place before an immigration judge—not a criminal court. Your case will begin with a Master Calendar Hearing and, if contested, proceed to an Individual Hearing, where evidence is presented.
This is where legal strategy matters most. Our experienced Connecticut immigration attorneys work to develop a case for relief—whether that means asylum, cancellation of removal, or adjustment of status based on family ties or humanitarian protection.
5. What Outcomes Are Possible?
Depending on your circumstances, the judge may:
– Grant relief and allow you to remain in the U.S.
– Order removal if there is no qualifying relief
– Approve voluntary departure, which allows you to leave the U.S. on your own terms within a set timeframe
Every case is different. Our job is to give you the best chance at a positive outcome.
6. Can I Appeal a Removal Order?
Yes. If the judge orders removal, you may file an appeal with the Board of Immigration Appeals (BIA). You have 30 days to take action, and our team can file the appropriate motions and represent you throughout the process. During the appeal, deportation is usually paused until a final decision is made.
7. Why Having a Local Immigration Attorney Matters
The immigration process doesn’t offer second chances when deadlines are missed or mistakes are made. Having a knowledgeable local attorney can make a real difference. Our firm knows the immigration courts and procedures here in Connecticut, and we know how to move quickly and strategically when a loved one is detained.
We speak English, Spanish, and Portuguese, and we’ve helped countless individuals and families across the state fight detention, removal, and unnecessary separation.
How Our Law Firm Can Help You Stay Prepared
At The Law Offices of James A. Welcome, we help clients create personalized protection plans that include:
– Reviewing your immigration history to identify possible risks
– Explaining your rights and how to assert them safely
– Filing motions to reopen past removal orders if eligible
– Providing immediate legal assistance if ICE action occurs
We’ve defended countless clients facing detention or removal. Our firm takes every case seriously because we know what’s at stake—your family, your job, your safety, and your future in this country.
Don’t Wait Until It’s Too Late—Know Your Rights Today
ICE encounters can happen without warning. The best defense is preparation—and that starts with understanding your rights and having an immigration lawyer you trust.
At The Law Offices of James A. Welcome, we are proud to serve Connecticut’s immigrant communities from our offices in Danbury, Waterbury, Hartford, Bridgeport, and Norwalk. We speak English, Spanish, and Portuguese, and we’re ready to help you and your family stay safe and informed.
Call (203) 753-7300 today for a confidential consultation
Visit us at www.welcomelawfirm.com to learn more or schedule an appointment.