Your Rights as an International Student During an ICE Encounter

The past few months have been tumultuous in the United States, and one of the most prominent headlines has been the increased presence of Immigration and Customs Enforcement (ICE) in several cities across the country. News reports and social media have amplified concerns, especially among immigrant communities, including international students and other non-residents.

While ICE has states its efforts are focused on deporting individuals with serious criminal records and no legal immigration status, there have also been notable cases where innocent people were questioned, detained, or temporarily caught in enforcement actions. These situations, though uncommon, have understandably created anxiety for students studying or working in the U.S. on valid visas.

The good news is that if you are a U.S. non-resident who is maintaining proper immigration status, there is generally little reason to worry. However, it is still extremely important to understand your rights and know how to respond if you are ever confronted by ICE.

What Is ICE?

U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the Department of Homeland Security (DHS). Its primary mission is to enforce U.S. immigration laws, investigate immigration-related crimes, and remove individuals who are in the country unlawfully, particularly those with criminal convictions.

ICE’s stated intention is not to target international students or lawful visitors. However, enforcement actions can take place in public spaces, workplaces, or shared housing environments where international students may be present. In rare cases, students can be questioned or temporarily detained if officers are conducting broader operations or if documentation cannot be immediately verified.

Understanding ICE’s role and knowing how to respond calmly and lawfully can help protect your rights and reduce the risk of unnecessary complications.

Understanding Your Constitutional Rights

Even as a non-resident, you have constitutional rights while physically present in the United States.

First, if you are maintaining valid visa status (such as F-1, J-1, OPT, or another lawful visa), you are legally allowed to be in the U.S. It is crucial to remain compliant with your visa requirements, including enrollment status, employment authorization, and the dates listed on your immigration documents (such as your I-20 or DS-2019).

ICE officers are generally required to have probable cause to detain someone. Probable cause may apply if:

• An individual admits to being in the U.S. unlawfully
• ICE has a valid arrest warrant issued by a judge
• There is clear evidence of a visa overstay or violation

If you are stopped outside your home, you generally have the right to:

• Ask if you are free to leave
• Remain silent beyond stating your name (depending on state law)
• Decline to answer questions about your immigration status

If ICE comes to your home, they generally need a judicial warrant signed by a judge to enter. An administrative ICE warrant alone does not give them the right to enter your residence without consent.

What Should You Do If Stopped by ICE?

If you are confronted by ICE, staying calm and prepared is essential. Consider the following tips:

• Stay calm and do not run or resist
• Do not lie or provide false documents
• You have the right to remain silent—use it if you are unsure
• Ask if you are being detained or if you are free to leave
• Do not sign any documents without speaking to a lawyer
• Do not consent to searches of your person, phone, or belongings
• If they confront your at your home – DO NOT open the door unless they provide a judicial warrant. Ask them to slip it through the door.

Preparing in advance and holding onto the correct documents can make a significant difference if you are detained:

• Keep copies of your passport, visa, I-20/DS-2019, and I-94 accessible
• Memorize the phone number of a trusted contact or legal resource
• Inform a trusted friend or advisor of your situation if possible

The Immigrant Legal Resource Center (ILRC) also provides “Red Cards”, which clearly explain your rights during an ICE encounter. These cards are available in English and over 55 other languages and can be downloaded here.

Resources to Utilize

International students are not alone. Several resources exist to support you if you encounter ICE:

• Your school’s international student office (DSO/ISO) – They can help verify your status and guide you to legal support
• FERPA protections – Schools generally cannot share student records without consent, except in limited circumstances
• Free or low-cost immigration lawyers – Many nonprofit organizations offer legal assistance
• Immigrant Defense Project - Know-your-rights guidance and raid tracker
• National Immigrant Justice Center (NIJC) - Step-by-step guidance if you encounter ICE