What to Do If You’re Confronted with an Arrest Warrant by ICE or Police
Facing law enforcement or immigration officials can be an incredibly stressful and frightening experience. Many immigrants live with the constant fear that a knock on the door or a routine traffic stop could change their lives forever. If you or a loved one ever find yourselves in this situation, it’s important to remember that you are not alone, and you have rights.
It’s natural to feel overwhelmed when confronted by ICE or the police, but staying calm and informed can make all the difference. Having a plan in place and understanding what you should (and shouldn’t) do can help protect you and your family.
Not All Warrants Are the Same—Understanding the Difference
If law enforcement or ICE agents say they have a warrant for your arrest or to enter your home, the first thing to remember is that not all warrants grant them the authority they claim to have. There are two main types:
Judicial Warrants
• Signed by a judge.
• Grants law enforcement the legal authority to make an arrest or conduct a search.
• Must have your correct name and address to be valid.
ICE Administrative Warrants
• Issued by immigration officers, not judges.
• Do not allow ICE to enter your home without permission.
• You are not legally required to comply with them.
This distinction is critical. Many immigrants unknowingly comply with administrative warrants because they assume ICE has the legal right to enter their home or detain them. However, only a judicial warrant gives them that power.
If ICE claims to have a warrant, you have the right to ask to see it before taking any action.
If ICE or the Police Stop You in Public
Being stopped in public can feel sudden and intimidating, especially if officers start asking questions. In that moment, your best defense is staying calm and knowing your rights.
• You do not have to answer questions about your immigration status. If asked, politely say, “I choose to remain silent and want to speak to my attorney.”
• Do not run. This could escalate the situation.
• You have the right to ask if you’re free to leave. If the officer says yes, walk away calmly.
• Do not provide false information or fake documents. It’s better to remain silent than to say something that could hurt your case later.
Many people feel pressured to answer questions out of fear or confusion. But remember, staying silent is your right, and using it does not mean you are guilty of anything.
If ICE or the Police Come to Your Home
Your home is your safe space. The idea of law enforcement showing up unannounced is terrifying, but you do not have to open the door unless certain conditions are met.
• Do not open the door. No matter how much they knock or insist, stay inside.
• Ask them to show the warrant under the door or through a window.
• Check if it’s a judicial warrant signed by a judge. ICE administrative warrants do not give them the right to enter.
• Verify the details. A valid judicial warrant must have your name and your address—not just a general description. If the information is incorrect, it is not valid.
• If the warrant is valid, only the person named on the warrant should step outside. Close the door behind you and do not leave it open.
If they do not have a judicial warrant, you are not required to let them in or comply with their requests.
If at any point you feel pressured or scared, remember: you have the right to remain silent and to ask for a lawyer.
Preparing in Advance Can Make a Difference
It’s difficult to think about situations like these, but having a plan in place can give you peace of mind. Taking small steps now can help protect you and your family in case the unexpected happens.
• Memorize an attorney’s phone number. If your phone is taken away, you should still know who to call.
• Talk to your family about what to do. Even children should know not to open the door and who to contact in an emergency.
• Keep important documents in a safe place. Make copies of IDs, immigration paperwork, birth certificates, and emergency contacts.
• Carry a “Know Your Rights” card. This can be useful if you feel too nervous to speak.
Being prepared does not mean expecting the worst—it means giving yourself the tools to handle any situation with confidence.
You Are Not Alone
At DeLaTorre Law, we know how stressful and emotional these situations can be. We have seen the fear that many immigrants live with every day, and we understand how important it is to have support, knowledge, and a plan.
If you have questions or concerns about your immigration status, warrants, or need guidance on protecting your rights, we are here to help.
📍 DeLaTorre Law
5835 Callaghan Rd, Ste 300, San Antonio, TX 78228
📞 Phone: (210) 640-9788
📧 Email: mayrise@mdelatorrelaw.com
🌐 Website: mdelatorrelaw.com
