When someone is detained by ICE or when you see agents with masks and badges on the news, it’s easy to feel fear, confusion, or even helplessness. But knowledge is power. To protect your rights or those of a loved one, it’s important to understand exactly what ICE is, what it can legally do, what it cannot do, and what to do if it crosses the line. In this article, we’ll explain everything in simple terms—accurate, detailed, and based on real law.
What Is ICE?
ICE stands for U.S. Immigration and Customs Enforcement. It’s a federal law enforcement agency under the Department of Homeland Security (DHS). ICE was created on March 1, 2003, after the terrorist attacks of September 11, 2001. It replaced parts of the former INS (Immigration and Naturalization Service) and U.S. Customs.
It was established during the presidency of George W. Bush as part of a major reorganization of U.S. national security.
What Does ICE Do?
ICE has three main divisions:
1. ERO (Enforcement and Removal Operations)
This is the most well-known part of ICE. These are the agents who arrest and deport people. Their job includes:
- Arresting undocumented immigrants
- Executing deportation orders
- Managing immigration detention centers
- Coordinating workplace raids
- Running alternatives to detention like ankle monitors or check-ins
2. HSI (Homeland Security Investigations)
This branch investigates serious criminal cases including:
- Human trafficking
- Drug and weapons smuggling
- Fraud and document forgery
- Cybercrime
- Child exploitation
- International crime and money laundering
HSI also has agents working abroad in U.S. embassies.
3. OPLA (Office of the Principal Legal Advisor)
This is ICE’s legal arm. These attorneys represent the U.S. government in immigration court. They do not represent immigrants.
Where Does ICE Have Authority?
ICE has jurisdiction across the entire United States, and also operates internationally through HSI. Within the U.S., ICE can take action in any state, city, or county. However, cooperation with local law enforcement varies.
Some police departments sign agreements with ICE under a program called 287(g), allowing local officers to act as immigration agents. Others—called sanctuary cities—refuse to cooperate. Police in these places can legally decline to hold someone for ICE unless there’s a judicial warrant.
What Can ICE Agents Legally Do?
- Arrest undocumented immigrants, especially those with prior deportation orders or criminal records.
- Enter public spaces (streets, courthouses, parking lots).
- Conduct raids in workplaces or homes with a proper warrant.
- Issue detainers asking local police to hold a person for 48 hours.
- Carry firearms and wear tactical gear.
What ICE Cannot Do
- ❌ Enter your home without a judicial warrant. They often carry administrative warrants (Forms I-200 or I-205), but these are not signed by a judge. You do not have to open your door.
- ❌ Force you to talk or answer questions. You have the right to remain silent.
- ❌ Force you to sign documents, including deportation orders. Always speak to a lawyer first.
- ❌ Detain people in hospitals, schools, or churches without special approval. These are considered “sensitive locations”.
- ❌ Keep someone jailed only based on a detainer if there is no court warrant. Many courts have ruled this unconstitutional.
Why Do ICE Agents Sometimes Cover Their Faces?
Agents often cover their faces during operations to:
- Protect their identity from criminal organizations
- Avoid retaliation against themselves or their families
- Prevent being identified online or through media
- Follow tactical protocols in dangerous situations
It may look intimidating, but it is a legal and often necessary practice in high-risk operations.
Can Local Police Refuse to Help ICE?
Yes. Local police and sheriffs are not required by law to cooperate with ICE. Many cities and counties have policies that limit cooperation in order to protect trust with immigrant communities. These are often called sanctuary jurisdictions.
However, in other places—especially under formal agreements like 287(g)—police departments actively work with ICE. They may alert ICE when undocumented individuals are booked into jail, or even help carry out immigration arrests.
What If an ICE Agent Crosses the Line?
If an ICE agent violates your rights or uses excessive force, here’s what you can do:
- Document the incident: Record names, badge numbers, time, location, and take photos or video if safe.
- Don’t sign anything or give statements until you speak to a lawyer.
- File a formal complaint with:
- ICE Office of Professional Responsibility (OPR): iceoprintake@ice.dhs.gov / 1-833-442-3677
- DHS Office of Inspector General (OIG): 1-800-323-8603 / www.oig.dhs.gov
- Office for Civil Rights and Civil Liberties (CRCL): via dhs.gov
- Consult an immigration attorney immediately to review your case and take legal action if needed.
Can International Laws Stop ICE Abuse?
ICE operates under U.S. federal law, but the U.S. is also a signatory to various international treaties, such as:
- The Convention Against Torture (CAT) – prohibits sending people to countries where they face torture.
- The Refugee Protocol – requires protection of asylum seekers.
- The International Covenant on Civil and Political Rights – supports due process and human dignity.
However, these treaties only apply if U.S. courts choose to enforce them. ICE does not answer directly to international courts or the UN. Still, these principles are often used in legal defense by attorneys.
What You Can and Cannot Do If Approached by ICE
| You Can Do | You Cannot Be Forced To Do |
|---|---|
| Stay silent and ask for a lawyer | Speak or answer questions without consent |
| Ask to see a judicial warrant before opening | Let them into your home without a warrant |
| Record the interaction if it’s safe | Sign documents without reading or legal advice |
| Request the agent’s name and badge | Obey orders that violate your rights |
Is ICE Changing Under the Trump 2025 Administration?
Yes. The current administration has revived aggressive immigration enforcement priorities, including:
- Ending programs like humanitarian parole (CHNV)
- Expanding deportation without court hearings
- Vetting visa holders and revoking visas for minor issues
- Proposing elimination of U and T visas under Project 2025
This shift gives ICE more authority, fewer restrictions, and greater protection from oversight. That’s why it’s more important than ever to know your rights and have legal help ready.
Conclusion: Know Your Rights, Protect Your Family
ICE is a powerful agency with broad authority, but it also has clear legal limits. If an agent abuses that power or violates your rights—or if a family member has been detained—you are not alone, and you do have options.
📩 If someone you know has been arrested by ICE, contact our law firm immediately. We are experienced in immigration defense and know how to fight for justice, due process, and your family’s safety.
Contact Batista Rivera Law at info@batistariveralaw.com
Let us help you take the next step.