On February 28, 2025, the JEDI center hosted a virtual “Know Your Rights” information session to inform students of their rights when dealing with Immigration and Customs Enforcement (ICE) and other federal agencies responsible for deporting individuals from the interior of the U.S. The Trump administration has passed several executive orders to overhaul the current immigration system, implementing mass deportations of undocumented migrants and those with student/expired visas. From the Texas Civil Rights Project (TCRP), Danny Woodward is a policy attorney with the Beyond Borders program whose work focuses on the nexus of immigration law and civil rights. He is currently working on several cases challenging federal immigration policy and was the main host of the information session. 

What is the Texas Civil Rights Project?

The TCRP was founded in the early 1990s in the Rio Grande Valley with the focus of helping farm workers and the United Farm Workers’ movement surrounding them. Now they focus on three main things: voting rights, criminal justice issues, and the Beyond Borders program. The Beyond Borders program is dedicated to fighting for the rights of immigrants in Texas, as well as border communities. 

Your Rights in the Streets: What you need to know

ICE can’t stop you without probable cause. If ICE stops you and asks for your name, it is best to say: “I am exercising my right to remain silent,” and that you’d like to speak with an attorney if you don’t currently have one. According to Woodward, it is best to make noise by stating that you are choosing to remain silent, rather than not speaking. If ICE asks you for documentation or your immigration status, you do not have to answer, nor should you give them any documentation illustrating your place of birth, as it may raise suspicion that you are an undocumented person or have issues regarding your legal status. 

Your Rights While Driving 

In Texas, the only reason you need to identify yourself is while driving or if you are carrying a firearm. If you get pulled over while driving, you must show your driver’s license. If you don’t have a driver’s license, you may say you are exercising your right to remain silent, though, according to Woodward, that might put you in a pickle. Driving without a license is illegal and may lead to further questioning. However, if you’re only a passenger, you don’t have to provide documentation, and it’s best to state, “I do not consent to giving you my documents.” Whether you’re a passenger or a driver, you have the right to keep silent and don’t need to consent to a search. It is extremely important in this scenario that you don’t lie or show false or foreign documents, as it might give rise to suspicion that you are not of lawful status. 

Your Rights At Home 

Currently, when discussing deportation, raids are a leading cause of fear. Raids occur when ICE shows up at a person’s home or place of work. An important thing to remember is that the Fourth Amendment applies to everyone, regardless of immigration status. The amendment dictates that ICE may only enter if they have a warrant signed by a judge or with your consent. This is especially important as ICE will often have an administrative warrant, which is a warrant issued by the Department of Homeland Security (DHS). An administrative warrant is signed by a DHS official, not a judge, and therefore, ICE cannot enter your house with just an administrative warrant. Even with a warrant obtained from a judge, it is important to double-check the information on the warrant to ensure that it is signed by a judge and contains your correct address. ICE usually won’t have a warrant, so make sure to carefully review any documents they may share with you.

If ICE comes to your door, do not give them permission to enter or go outside to talk to them; keep the door shut and speak through it. When stepping outside, if a person has an immigration violation or any violation for that matter, they may be forcefully arrested and detained. To avoid this, ask that they slide any proof of documentation under your door or show you through a window. Specify that they do not have your permission to be there and that they need to leave. ICE may not always listen to you or take kindly to your request, and might try to enter your house by force; however, following these steps is likely to help you in court. Often, when asked to identify themselves, ICE will claim they are police. Because of this, ask them to specify which agency they are with (it’s important to note that it’s legal for ICE to use deception). After an encounter with ICE, make sure to write down everything you remember about your interactions, especially the agent’s badge numbers. 

Your Rights at Work 

According to Woodward, if a raid were to occur while at your place of employment, it is a bit more complicated. In public spaces at your work, ICE can enter and ask questions (just like anyone can), but they can’t search your person or belongings without reasonable suspicion or your consent. In private spaces such as a break room, bathroom, or the back of a restaurant, ICE can’t enter or search without permission from the owner of the property or a judicial warrant. In this scenario, all of your rights still apply, and you do not have to talk or answer their questions if they don’t have reasonable suspicion. Remember to never run, as it may arouse suspicion. 

Your Rights on Campus 

Your rights on campus are similar to those within the workplace. ICE can enter public areas on campus, but not classrooms that are in session, closed research labs, or people’s dorms. They need a warrant or proper consent to enter limited spaces such as buildings requiring a key card or locked doors. If you believe an enforcement might happen, be sure to contact your campus administration right away. Do not block or get in the way of the officers, as it may be construed as a federal crime. 

Documenting Workers

Everyone has the right to document ICE encounters as long as you are not interfering with the officers or the arrest. While documenting an arrest, follow any directions that an officer may give you, but don’t stop recording. If they ask you to stop or step away, you may say, “I am exercising the right to document the arrest,” and record your feet stepping back. Your focus on the documentation should be on the officers’ actions, not on the person being arrested or their family members. If you are not comfortable filming, that’s okay, you may still document the arrest by taking notes on what happens or by simply bearing witness. 

Planning

Regardless of your immigration status, it is important to talk to your loved ones and make emergency plans in the event you are arrested. Discuss who will care for family members, pets, and cars. Consider whether you want someone to manage your finances and home if you are detained or deported. Keep copies of important documents with you at all times, along with medications, as sometimes ICE will throw out medications after detaining someone. It is also beneficial to make a plan with your boss or your school’s administration in the event ICE were to show up in any of these locations. 

For more in-depth information, the We Have Rights campaign provides a video series to help prepare for and safely defend our rights during encounters with ICE. Additional resources include the Immigrant Legal Resource Center and the Immigrant Defense Project. 

The United States has become a place of fear for undocumented migrants, including those with visas. It is important to know your rights when dealing with ICE to ensure you and your loved ones are safe. If a loved one gets detained, you may find their location through the Online Detainee Locator System. Know your rights and be prepared.