What to do if ICE comes knocking

The Trump administration has inadvertently triggered a constitutional awakening.

Recent immigration enforcement has been reported near popular supermarkets in Chelsea and busy transit stations in East Boston and Mattapan. We have also seen growing threats of enforcement in schools and churches. President Trump’s efforts to escalate immigration enforcement, deploy aggressive tactics and stoke fear has not only galvanized communities, but also compelled them to understand and embrace their rights like never before, and increase their legal literacy.

The rights guaranteed by the U.S. Constitution shield us from government overreach and uphold our dignity. Knowing, exercising and spreading awareness about these rights are among the most powerful actions we can take. Now is the time to learn what to do — and how to respond — if U.S. Immigration and Customs Enforcement (ICE) or another immigration enforcement agency comes into a local school, workplace or hospital. You can meet law enforcement officials with knowledge of the rights afforded to you, not fear.

Since Inauguration Day on Jan. 20, my organization, Lawyers for Civil Rights (LCR), has fielded hundreds of requests for resources, trainings and workshops from members of the immigrant community, affinity groups and community members. The demand for these services spans industries and sectors and reflects a collective commitment to legal empowerment.

Knowing, exercising and spreading awareness about [your legal] rights are among the most powerful actions we can take.

Since Jan. 20, we have trained thousands of people — in just the first days of Trump’s presidency, LCR trained 200 people at a school assembly and more than 500 people in a health center. We’ve done train-the-trainer sessions for educators, community leaders and legal advocates; know-your-rights workshops to ensure individuals understand how to respond to law enforcement; school-based trainings to support educators; and healthcare-centered trainings empowering doctors, nurses, and hospital staff to defend their patients’ rights in the face of government overreach.

To be sure, real-time developments can unfold quickly with a constellation of factors — power imbalances, language barriers and cultural traditions surrounding respect for authority — leading to fear, confusion or acquiescence. Each situation is different, and scenarios can get legally complex, so consulting an attorney is essential to get tailored advice. But everyone should know about fundamental legal protections, including the right to remain silent under the Fifth Amendment and restrictions against unlawful searches under the Fourth Amendment.

Here are a few basics to keep in mind:

Your home is your castle. Government authorities cannot enter without a valid court-issued judicial warrant. The letterhead of the judicial warrant should explicitly say “court.”

You have the right to ask to see the warrant before allowing officials inside. Immigration warrants don’t authorize entry into homes or businesses without consent. If presented with a judicial warrant, confirm the details: does it have the correct name, address and date? Judicial warrants may also specify the areas to be searched and items to be seized. The warrant may not be legally enforceable if some of this information is incorrect or missing.

Regardless of the circumstances, if immigration or law enforcement officials force their way inside without a judicial warrant, the most fundamental thing to remember is that you don’t have to consent to any search, and you may state clearly: “I do not consent” or “No doy mi consentimiento.”

Strong legal protections apply to educational, healthcare and religious spaces.  Despite the Trump administration’s alarming threats about targeting immigrants in sensitive locations like schools and churches, these spaces are protected, as they implicate fundamental constitutional rights related to privacy, speech and due process. A raid in a school, for example, would violate well-established case law ensuring that all children, regardless of immigration status, have the right to access public education. Similarly, a raid in a church would undermine the First Amendment’s guarantee of freedom of religion. Since enforcement activities are unpredictable — and may unfold quickly — constitutional rights may be challenging to assert on the spot, but subsequent legal action may be pursued.

While it is essential to assert your constitutional rights, it is equally important not to interfere — physically or otherwise. You should never block immigration authorities or attempt to obstruct their actions, even if you believe they are overstepping or crossing legal boundaries. Don’t lie to immigration or law enforcement officials. Don’t falsify or present fake documents. Verbal assertion of rights — such as, “I do not consent to this search” — may be appropriate to make sure officials don’t assume they have your consent. It’s also important to remember that you have the right to remain silent.

In Massachusetts, you have the right to record an interaction with immigration officials or law enforcement as long as it’s open and obvious. This right is especially important for bystanders and witnesses, who can document encounters while commuting or in other areas. Look for tell-tale signs of discrimination: Are people being separated based on race or language? Also, watch for excessive force.

Ask about your employer’s protocols regarding immigration issues. Some workplaces are formalizing protocols and strengthening internal procedures with step-by-step action plans and a clearer chain of command. For example, only one designated manager may be authorized to handle immigration encounters or law enforcement inquiries. In this scenario, if officers arrive, employees are trained to follow company policy and say: "I am not authorized to let you in. I will contact the designated person." The designated person can then assess the situation and ask to see a warrant. These trends reflect a growing professionalization surrounding immigration issues.

Understand the difference between "public” and “private” spaces in a workplace. Business protocols increasingly distinguish between these two different spaces. For example, in a restaurant, while anyone can walk into the dining area, the kitchen remains off-limits without explicit authorization or a judicial warrant. To prevent confusion, businesses are increasingly marking non-public areas with “private” signs.

The threats to immigrant communities by the Trump administration is motivating people to become more literate about our laws. This is a moment of action, when we can educate the communities being targeted by this action and people who care about these issues, to meet law enforcement with knowledge, not fear. In a matter of weeks, workplaces, schools, shelters, soup kitchens and healthcare settings have gone from uncertainty to preparedness. This is not just about knowing the rights guaranteed to us by the Constitution, but also about enforcing it from the ground up.

In the long run, this is a win — embedding legal awareness into daily life and strengthening constitutional protections for all.

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