Immigration Enforcement

When you’re interacting with federal agents, whether it’s U.S. Immigration and Customs Enforcement (ICE) or another agency, you have certain constitutional rights.

• You have the right to remain silent. You do not have to answer questions about yourself, immigration status, or activities.
• You have the right to refuse a search if you're not arrested and if there is not a calid search warrant. You can say that you do not consent to being searched if agents ask to look through your belongings, car, etc.
• You have the right to an attorney. If you are detained or arrested, immediately ask for a lawyer and do not answer questions until they arrive.
• You can refuse interviews of any kind. You do not have to speak with federal agents, even if they say you’re not under arrest. Voluntary interviews can be refused.
• You have no obligation to sign anything. Never sign a document without a lawyer present.

A judicial warrant is signed by a U.S. magistrate or judge, whereas an ICE warrant is signed by an immigration officer.

Under Indiana’s Senate Enrolled Act (SEA) 76, ICE warrants are still not the same as judicial warrants. This new law does not give ICE automatic permission to enter your home, workplace, or go into private areas of your business with an ICE warrant.

What it does change is what Indiana jails and police agencies must do when someone is already in custody. Beginning July 1, 2026, the law requires local law enforcement to comply with ICE detainer requests (i.e., a jail may be forced to hold someone for ICE after they would have otherwise been released).

If officers have a judicial warrant, do not physically interfere. You still have rights, as highlighted in the section above.

If ICE officers knock on your door, do not open it. Ask them to show you a judicial warrant by sliding it under the door or holding it up to a window. Using guidance from the previous section, carefully look to see if it’s an administrative ICE warrant or a judicial warrant. An ICE warrant does not authorize automatic entry into your home.

If it’s an ICE warrant, you can say, “I do not consent to you entering my home.”

You have the right to remain silent, and you don’t have to answer any questions about where you were born, your immigration status, or how you entered the country. You can say, “I am exercising my right to remain silent.”

If ICE officers enter anyway, do not physically resist. Clearly state, “I do not consent to this entry or search.” Document what happened as soon as possible, including officers’ names or badge numbers, their agency, whether they showed a warrant, and what actions they took.

Do not sign anything; ask to speak to a lawyer.

Under Indiana’s SEA 76 law, public schools cannot have policies (written or unwritten) that block employees from cooperating or communicating with federal immigration officials, as long as the request is allowed by state and federal law.

But the law does not strip students of their rights or privacy protections.

If officers come to a public school, there are various laws that may apply, and school corporations may have their own policies that employees must abide by. Subject to their specific policies, employees should:

• Stay calm and ask why they are there.
• Ask to see any warrant, subpoena, court order, or legal request.
• Ask if you can contact school leadership and legal representation.
• Don’t give officers access to students, records, classrooms, or other non-public areas unless required by law.
• As a reminder: an ICE warrant is not the same as a judicial warrant.
• Do not physically interfere if officers enter anyway. Clearly say the school does not consent, document what happened, and contact legal counsel.

Students still have the right to remain silent and have the right to be free from unreasonable searches and seizures. They do not have to answer questions about where they were born, their immigration status, or their family’s immigration status.

If you are stopped by officers, remain calm. Do not run, argue, lie, or provide any false documentation.

Remember, you have rights.

• Ask them, “Am I free to leave?”
  • If they say yes, you can calmly walk away.
  • If they say no, you can say, “I am exercising my right to remain silent.”
• You do not have to answer any questions about yourself or your immigration status.
• If you are driving, you may need to show your driver’s license, registration, and proof of insurance.
• Do not sign anything and ask to speak with a lawyer if they continue to ask questions.

If officers search you or your belongings anyway, do not physically resist. Clearly state, “I do not consent to this search.” Write down what happened as soon as possible and contact a lawyer.

ICE can be asked to leave a private business to the extent other persons may be asked to leave. If officers show up at your business or organization:

• Stay calm and ask why they are there.
• Ask to see any warrant, subpoena, court order, or legal request.
• Check whether there is a judicial warrant.
• Contact the staff designated to handle law enforcement requests, if you have one.
• Do not share employee/client information or records unless required by law.
• Do not physically interfere if they enter private areas anyway. Clearly state that you do not consent to the search, document the actions, and contact legal counsel.

Under new state law, public agencies face limits on written or unwritten policies that restrict cooperation with immigration enforcement (as long as it’s legal). But as a private business or community organization, you have rights, and ICE does not automatically have access to private areas, records, workers, clients, or visitors.

The law also establishes employer penalties for anyone who knowingly/intentionally hires, recruits, or retains someone who is not authorized to work in the U.S. These penalties include reporting requirements, suspension of licenses, and even revocation of operations at the highest tier. Regardless, this does not allow officers to access private areas without a judicial warrant signed by a judge/magistrate. When in doubt, contact an attorney before responding to immigration-related requests.

In early 2025, the Trump administration rescinded policy that had protected certain areas (e.g., churches, schools, and hospitals) from immigration enforcement. With these protections stripped, individuals must now rely on basic constitutional protections, including the Fourth Amendment (protection from unreasonable searches and seizures) and the Fifth Amendment (including the right to remain silent when confronted by law enforcement). Read more from the National Immigration Law Center here.

• ACLU | Immigrants' Rights
• ACLU | Resources for People Seeking Asylum
• National Immigrant Justice Center
• Immigration Advocates Network - National Immigration Legal Services Directory (IN)
• Indiana Legal Services - The Immigrants' and Language Rights Center
• Immigrant Welcome Center
• Exodus Refugee