ICE: What To Know

With the rise of arrests, here’s what to know when ICE approaches

by Lana Usery, Co Editor-in-Chief

February 4, 2026

In the past year ICE arrests have spiked, with most individuals being arrested having no criminal background. In the past weeks Minneapolis has been caught in the middle of the ‘immigration crackdown’ which has led to two American citizens being killed by ICE agents, a 5-year-old boy being detained, and schools being temporarily closed.

Right now it’s more important than ever to know which rights ICE officers possess, and which rights non-law enforcement persons possess (American citizens and undocumented individuals).

The most crucial thing to remember: if ICE approaches you don’t resist or argue. For safety, comply. But everyone, (US citizen or not) have the right to remain silent.

ICE does not have the right to search people, their vehicles, or homes without probable cause or a warrant. If they attempt to, that is in violation of the law. If ICE approaches someone with an administrative warrant, they do not have the right to enter their home – the warrant must be signed by a judge. If ICE approaches a vehicle, the driver may have to show a valid drivers license. If ICE approaches a home the owner can ask them to slip the warrant under the door. If ICE asks a person to sign any papers, they should not until speaking to a lawyer.

ICE agents have the right to arrest and detain any person in the US suspected of violating immigration law but, everyone (undocumented people and legal citizens) are protected by the Constitution’s 4th amendment of unreasonable searches and seizures. ICE agents can’t legally put an individual in a brief detention without a ‘reasonable suspicion’. A reasonable suspicion has to be more than a guess. To arrest someone ICE, again, needs a probable cause, which is evidence against a specific person to suggest that they violated the law, specifically immigration law.

It is important to note that the Department of Homeland Security has allowed ICE to conduct raids and arrests without warrants.

Immigrants who are lawfully residing in the US over the age of 18, should keep their immigration documents with them at all times. People should not lie to ICE agents about their immigration status. US citizens that are detained by ICE, could have grounds to stand on for a civil rights lawsuit. Undocumented immigrants have every right to assert their 5th amendment rights.

Citizens have the right to film ICE. It only becomes a problem if the action is interfering with their job. Filming ICE’s actions as a witness is lawful and they don’t have grounds to arrest someone solely for that. If they do, that is grounds for a lawsuit. It is not obstructing justice to film an ICE agent. People can’t legally be identified as a domestic terrorist without a thorough investigation.

In Missouri, ICE can’t detain people on the basis of legally carrying and obtaining a gun (unless in a prohibited space). Federal agents don’t have power over the 2nd Amendment.