Guest columnist Attorney General Andrea Joy Campbell: Know your rights when it comes to ICE

Massachusetts Attorney General Andrea Joy Campbell STAFF FILE PHOTO/PAUL FRANZ
Published: 06-10-2025 2:57 PM |
Over the past few weeks, our office has heard growing concern about immigration enforcement happening across Massachusetts. Families are being separated. Parents are being arrested in front of their kids. People are being pulled out of their cars in broad daylight. Even ICE admits that many of those arrested have not committed any crime.
These actions are not about public safety. They are about fear, and inciting chaos and confusion within our communities.
That’s why my office has created a “Know Your Rights” guide designed to help immigrants, families, and communities understand their rights and the basic legal framework for U.S. Immigration and Customs Enforcement (ICE) actions.
Here’s what you need to know:
What kind of immigration enforcement does ICE engage in?
ICE may target individuals it suspects are subject to removal from the country. This can include people who entered the U.S. without authorization, overstayed a visa, are accused of violating immigration conditions (like failing to check in with ICE), or have had their legal authorization revoked by the federal government.
ICE does not need to show that a crime was committed to arrest and detain a person who is subject to removal. In many cases, they also do not need a judicial or administrative warrant if they believe someone is here in violation of immigration law and is likely to flee.
When can ICE enter your home and other private spaces?
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Under most circumstances, ICE agents cannot legally enter private spaces, such as homes or private offices, unless they present a judicial warrant signed by a judge or they receive voluntary consent from someone with authority over the space.
You are not required to open the door unless they show you a valid judicial warrant.
What are my rights if ICE seeks to enter my house?
Individuals have the right to speak through the door to ask to see the judicial warrant — and verify that it has been signed by a judge. Without it, you have the right to deny entry.
What are my rights if I am arrested or detained by ICE?
If you are arrested or detained by ICE, you have the right to:
■Remain silent
■Refuse to sign documents you do not understand
■Hire and speak to a lawyer, though the government is not required to provide you with one.
Never give false information or fake documents as that can lead to criminal charges.
During an ICE enforcement action, asking the right questions may be helpful. Though ICE may not be obligated to answer all of your questions, some helpful questions include:
■Am I being detained?
■Am I under arrest? Why?
■Do you have a warrant? Can I see it?
■Where are you taking me?
■What agency do you work for?
■What are your names and badge numbers?
■How can my family or lawyer contact you?
What are my rights as a bystander? What can I do to assist someone being arrested or detained?
As a bystander to ICE enforcement action you can watch from a safe distance, you can record the interaction, but you legally cannot obstruct, impede, or assault an ICE agent.
As long as you are not obstructing the enforcement action, you may also help the person being targeted to ask the ICE agent questions like the ones noted above. You can also ask the person being detained if they have an immigration lawyer you can call, or if there is a family member they would like you to call.
What happens after an ICE arrest?
The person will usually be taken to a local ICE office to be fingerprinted and photographed. They could then be transferred to any ICE facility anywhere in the country unless they are ordered not to by a court. In most cases, they will receive a Notice to Appear in immigration court.
The detained person may request a bond hearing, where an immigration judge decides whether they can be released while their case proceeds.
People may also be asked to sign documents that waive important rights or lead to deportation. They have the right to remain silent and to refuse to sign documents they do not understand.
The bottom line is you don’t have to be a lawyer to help someone. Just knowing the basics can make a difference.
At the Attorney General’s Office, we are committed to making sure every person in Massachusetts knows that they matter, they belong, and they have rights.
Let’s stand together and keep our communities safe — not through fear, but through knowledge.
This guidance is available online, here: http://mass.gov/ago/iceguidance. You may also contact the Attorney General’s Office at 617-727-2200.
Andrea Joy Campbell is the Massachusetts Attorney General.