What can immigrants do if ICE comes to their house, school or work? Know your legal rights.

In the first hours of his second term, Donald Trump issued numerous executive orders to restrict immigration in the U.S. and target non-citizens for detention and deportation.

His policies, including the attempt to end birthright citizenship, have inspired fear and outrage even in sanctuary cities like Philadelphia – especially as Immigrations and Customs Enforcement agents have raided businesses. Earlier this winter, officers arrested and detained seven undocumented immigrants at a car wash in Juniata Park and three at a tire shop in Kennett Square, Chester County. They also attempted to search the kitchen of Boricua Restaurant #2 in Port Richmond without a warrant, but the owner – who chafed at the assumption that the staff of a Puerto Rican business was undocumented – refused.

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"Unfortunately, with the situation with ICE going on, you have to truly know how to defend yourself verbally in calm situations," Hector Serrano said in an Instagram video about the incident. "They'll come in and they'll try to use their badge or their uniforms to attack you."

With the help of legal experts and resources, PhillyVoice has compiled this guide to immigrants' rights in Philadelphia, particularly when it pertains to ICE. Members of this community can also download and print a "know your rights" card, copies of which are available at nonprofits and advocacy groups, to carry in case of an encounter. Here are a few common questions:

Do I have to talk to ICE?

The right to remain silent applies in ICE encounters. Individuals can decline to answer questions about where they were born or their immigration status.

Do I have the right to an attorney?

Every U.S. citizen has the right to legal counsel – including a court-appointed lawyer, if they cannot afford one – in criminal court under the Sixth Amendment. The rights of immigrants, however, are limited. While they can obtain an attorney for detention or deportation proceedings, they must pay the fees or find someone willing to waive the cost. That's because these cases are considered civil, not criminal.

This is a list of legal services that can connect people with free lawyers who handle immigration cases in Philadelphia:

What can I do if ICE comes to my house?

ICE can only enter a home with a judicial search warrant issued by a court and signed by a judge. It will specifically outline the area to be searched, including the street address. An administrative warrant, typically issued by a federal agency like the Department of Homeland Security or ICE, itself, does not grant officers the same right. It can be refused.

Examples of each warrant can be found on pages 10 and 11 of this know-your-rights guide prepared by multiple immigrant advocate groups in Pennsylvania.

Legal experts say you should ask to see a judicial warrant, telling ICE to slide it under the door or press it against a window – and keep the door shut until one materializes. (Opening your door can be interpreted as consent to a search and seizure, as outlined in the Fourth Amendment.) If a judicial warrant is produced, they are legally allowed to search the premises. But the homeowner or tenant still has a right to remain silent and can ask to speak to a lawyer.

If the officers do not have a judicial warrant, the homeowner or tenant can deny them permission to enter and ask them to leave.

"It's obviously a very frightening situation," Cathryn Miller-Wilson, executive director of HIAS Pennsylvania, said. "Most people, including our clients are law-abiding. So the instinct is to want to be cooperative, to say I have nothing to hide … You have to just not respond, which is difficult."

"They might shout or something, but they're not breaking down doors. They don't have the right to do that."

What can I do if ICE comes to my work?

Similar rules apply in the workplace. ICE is generally allowed to enter a lobby, waiting area or other "public" space, but its agents need the employer's permission or a valid judicial warrant to go any further into "private" areas.

Workers can clearly delineate these spaces by hanging signs reading "employees only" or "private" outside offices, break rooms and stations. Immigration advocates also generally recommend appointing someone at work to handle ICE requests if agents come calling. That individual can step outside to review ICE's paperwork or ask them to slide it under the door, refusing entry until they've seen a judicial warrant.

If ICE has one, the staffers inside still have the right to remain silent. They can also ask to speak to their lawyer.

Can ICE enter churches or schools?

Sensitive areas like schools and churches had traditionally been off-limits to ICE. But back in January, the Trump administration rescinded the policy that prevented ICE from entering those buildings.

The move sparked outcry and legal action, brought in part by Philly Quakers. A judge has temporarily blocked ICE from entering the houses of worships that sued – namely, the Cooperative Baptist Fellowship, the Gurdwara Sahib West Sacramento temple and six Quaker Meetings, including the Philadelphia Yearly Meeting of the Religious Society of Friends. Other churches are not protected by the order.

The School District of Philadelphia is following a specific protocol for ICE, first outlined in 2021. Per the guidelines, educators do not admit agents until receiving instruction from the district's general counsel. Teachers and other staff are not allowed to share student information, including immigration status, unless the general counsel directs them to do so.

In the event of an ICE visit, school leaders also notify the district's Office of Prevention and Intervention and work with it to create a crisis response plan. They also complete an incident report.

Superintendent Tony B. Watlington reaffirmed his commitment to the policy in late January following criticism of the district at a City Council hearing.

"This commitment includes all students, no matter their race, ethnicity, immigration status, national origin, gender identity and expression, sexual orientation, familial status, religion, or person's abilities," he said in a statement. "The District will comply with required laws, and school leaders have been provided guidance about how to protect our immigrant students' rights."

How do I locate someone detained by ICE?

ICE maintains a database of people in their custody. To find a friend or family member, enter their A-number (alien registration number) and country of origin into the online locator. Users can also search by the person's full name, birthday and country of origin.

Pennsylvania officially operates three ICE detention centers, each located well outside Philadelphia city limits. They are the Clinton County Correctional Facility in McElhattan, the Moshannon Valley Processing Center in Philipsburg and the Pike County Correctional Facility in Lords Valley.

The Federal Detention Center on Arch Street has also begun housing ICE detainees, too. A representative for FDC confirmed it was "assisting the United States Immigration and Customs Enforcement (ICE) by housing detainees and will continue to support our law enforcement partners to fulfill the administration's policy objectives." They declined to provide the number of detainees in their custody.

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