Immigration Enforcement Frequently Asked Questions
Why does ICE arrest people, and do they need a warrant?
ICE officers and agents are on the streets every day, prioritizing public safety by locating, arresting and removing criminal aliens and immigration violators from our neighborhoods.
ICE does not need judicial warrants to make arrests. Like all other law enforcement officers, ICE officers and agents can initiate consensual encounters and speak with people, briefly detain aliens when they have reasonable suspicion that the aliens are illegally present in the United States, and arrest people they believe are illegal aliens. ICE officers and agents can also detain and search people crossing the border.
All aliens who violate U.S. immigration law are subject to arrest and detention, regardless of their criminal histories. Those with final orders of removal are removed from the United States.
Do ICE officials need to show warrants to the public?
ICE law enforcement officers cannot show the warrants they are executing to people who aren’t named or involved. Often, law enforcement sensitivities and privacy concerns require officials to keep this information under wraps.
If you’re looking for specific information, you may make a Freedom of Information Act request.
What happens if someone resists arrest?
ICE officials use reasonable and necessary force when someone resists arrest. ICE officers and agents prioritize safety — including the safety of the people they arrest — and are highly trained in de-escalation.
Why do ICE officials wear masks?
ICE law enforcement officers wear masks to prevent doxing, which can (and has) placed them and their families at risk. All ICE law enforcement officers carry badges and credentials and will identify themselves when required for public safety or legal necessity.
Are ICE officials really police?
ICE officials are federal law enforcement officers. All ICE law enforcement officers go through extensive academy training to do their job as safely and effectively as possible.
Is ICE “snatching” or “kidnapping” people off the streets?
ICE doesn’t kidnap people. Everyone in ICE custody is accounted for, and you can search the Online Detainee Locator System or contact a local field office to find someone you’re looking for.
Does everyone get due process?
Everyone ICE arrests receives due process.
Why won’t ICE law enforcement officers tell me what’s going on?
ICE law enforcement officers are bound by privacy laws as they protect our communities, detainees and themselves.
Is asylum a legal status?
Asylum is one form of legal status, but applying for asylum doesn’t mean a person has legal status. Only an immigration court or U.S. Citizenship and Immigration Services can grant asylum — and only after an alien follows a specific process.
Are ICE and CBP the same agency?
ICE and U.S. Customs and Border Protection are different agencies, but they’re both part of the Department of Homeland Security. ICE investigates immigration and customs violations and enforces immigration law in the U.S. interior. CBP focuses on border security and enforces immigration laws at and between ports of entry.
What are ICE worksite audits?
ICE conducts worksite enforcement operations to ensure businesses comply with immigration and employment laws. These actions help prevent worker exploitation and promote legitimate hiring practices. Knowingly hiring or continuing to employ illegal aliens is a crime, and the U.S. government prosecutes people and entities that violate the law. Get more information on ICE’s I-9 inspection process here.
Businesses can join ICE’s IMAGE program to learn about workforce compliance, including I-9 requirements and employee eligibility verification.
ICE does not need a criminal or civil warrant to conduct a worksite inspection.
Does ICE arrest illegal aliens outside courtrooms?
Sometimes ICE arrests illegal aliens outside of courtrooms.
Many aliens who illegally entered the United States are subject to expedited removal. Some are violent criminals who were released into the country with a notice to appear before an immigration judge.
If an illegal alien has credible fear that they’d be persecuted or tortured if we returned them to their home country, we’ll place them in immigration proceedings to pursue asylum or another form of protection they may be eligible for. If they’re not eligible for any form of relief or protection, they’re subject to removal.
Why does ICE arrest illegal aliens who are complying with the Alternatives to Detention Program?
If an illegal alien has a final order of removal from a Department of Justice immigration judge, ICE will remove them. Under the Biden administration, thousands of illegal aliens with final orders of removal — including violent criminals —were released from DHS custody on the Alternatives to Detention program and allowed to roam our communities.
All illegal aliens are afforded due process.