Skip to main content
Book an Appointment

Pick a time and schedule your consultation.

Book Now
Free Case Evaluation

Evaluate your case with our experienced attorneys.

Get Started

Know Your Rights With ICE and CBP in 2026: At Home, at Work, in the Car and at the Airport

Published: • Updated:
Know Your Rights With ICE and CBP in 2026: At Home, at Work, in the Car and at the Airport
Quick Answer

Everyone in the United States, whatever their immigration status, has constitutional rights when dealing with ICE (Immigration and Customs Enforcement) and CBP (Customs and Border Protection). You can remain silent about where you were born and your immigration status, you do not have to open your home door unless officers show a warrant signed by a judge, and you should not sign documents you do not understand. Never lie and never show false documents; that is a crime and can permanently damage your case. Since April 11, 2025, non-citizens aged 18 and older must carry proof of registration, such as a green card, EAD, I-94 or a USCIS registration notice. At an airport arriving from abroad the rules are different: CBP can question you and search your phone, and visitors who refuse to answer can be refused entry. In 2026 ICE officers have also been deployed at some US airports, so people with removal orders, criminal history or no status face higher risk when flying, even domestically.

Your rights at a glance

Situation What officers can do What you can do
At your home Enter only with a judicial warrant signed by a judge, or with your consent Keep the door closed, ask them to slide the warrant under the door, check for a judge’s signature and your correct address
On the street Ask questions; detain you only with reasonable suspicion Ask “Am I free to leave?”; stay silent about status and birthplace
In a car Stop the car for a traffic reason; require the driver’s licence, registration and insurance Driver shows those documents; passengers can generally stay silent, subject to state law
At work Enter public areas; need a judicial warrant or employer consent for private areas Stay silent, do not run, do not sign anything, ask for a lawyer
Airport arrival from abroad Inspect, question, search bags and devices, refer to secondary inspection Answer truthfully or decline; LPRs cannot be refused entry for staying silent, but visitors can
In ICE custody Hold you and start removal proceedings Call a lawyer, refuse to sign, ask for a bond hearing where eligible

If ICE comes to your home

  1. Do not open the door. Speak through the door or a window.
  2. Ask whether they have a warrant signed by a judge. Ask them to slide it under the door or hold it to the window.
  3. Check the warrant. An ICE administrative warrant (Form I-200 or I-205) is signed by an immigration officer, not a judge. It does not by itself authorize officers to enter your home without consent. A judicial warrant is issued by a court, names a judge, and lists your address and the areas to be searched.
  4. If officers enter anyway, do not resist physically. Say clearly, “I do not consent to this search.” Stay silent and ask for a lawyer.
  5. Write down what happened: names, badge numbers, times and what was said. Keep any documents they leave.

On the street and in your car

You can ask, “Am I free to leave?” If the answer is yes, walk away calmly. If you are detained, you can say, “I want to remain silent and speak with a lawyer.” You do not have to answer questions about where you were born or your immigration status.

If you are driving, you must show a driver’s licence, registration and proof of insurance when asked. Passengers are generally not required to answer questions, but some states require people to give their name when lawfully detained, so check the rules in your state. You do not have to consent to a search of the car; officers may still search if they have probable cause.

At work

ICE may enter public areas of a workplace, such as a lobby or a shop floor open to customers. Private areas need a judicial warrant or the employer’s consent. If ICE comes to your workplace, do not run, because running can be treated as grounds for suspicion. Stay silent about your status, do not sign anything, and ask to speak with a lawyer.

Documents you should carry

Since April 11, 2025, every non-citizen aged 18 or older must carry proof of registration at all times. Failure to carry it can lead to a fine of up to $5,000 and up to 30 days in jail. Acceptable proof includes:

  • a green card (Form I-551);
  • an employment authorization document (EAD);
  • an I-94 record (print the most recent one from the CBP website);
  • a USCIS receipt or registration notice issued after filing Form G-325R, for people who were not already registered.

Turkish nationals cannot enter under the Visa Waiver Program (ESTA), so a Turkish visitor’s proof is normally the I-94. Asylum applicants should carry their EAD or I-589 receipt notice. Carry copies of your immigration documents, keep the originals safe, and never carry false papers.

At the airport: arriving from abroad

Ports of entry follow special rules. CBP officers can question every traveller, search luggage, and inspect phones and laptops. A basic search of a device does not require suspicion.

  • US citizens cannot be refused entry, but refusing to answer or unlock a device can cause delays and seizure of the device.
  • Green card holders also cannot be refused entry for staying silent, but they may be delayed or referred to an immigration judge. Do not sign Form I-407 (record of abandonment of permanent residence) at the airport. If CBP believes you abandoned your residence, you have the right to have an immigration judge decide.
  • Visa holders and visitors can be refused entry if they do not answer questions about the purpose of their trip. Answer truthfully and briefly, and carry evidence that supports your visa category.

Green card holders who spent more than 180 days abroad, or who have any criminal record, should talk to a lawyer before travelling.

At the airport: domestic flights in 2026

From March 23, 2026, news outlets reported that ICE officers were being deployed at some US airports, officially to support TSA staffing. For most travellers nothing changes. For people with a removal order, a criminal history, an expired status or a pending asylum case, a domestic flight now carries some additional risk. Get legal advice before travelling, carry your proof of registration and case documents, and memorize a lawyer’s phone number.

If you are detained

  • Say you want to remain silent and want a lawyer. You have the right to hire a lawyer, but the government does not provide one for immigration cases.
  • Do not sign anything you do not understand, especially forms agreeing to voluntary departure or stipulated removal. Signing can give up your right to see a judge.
  • Ask for your A-number and the name of the detention facility so family can find you with the ICE Online Detainee Locator.
  • Ask about bond. Many people in removal proceedings can ask an immigration judge for release on bond. See our detention and bond services.
  • Contact your consulate. Turkish nationals can ask ICE to notify the Turkish consulate that serves the area where they are held.

Prepare a family plan

  • Memorize the phone number of a lawyer and a family member.
  • Keep copies of passports, I-94s, receipts and court documents with someone you trust.
  • Arrange who will care for children if a parent is detained, and put it in writing (a power of attorney for a child).
  • Keep proof of how long you have lived in the US: leases, tax returns, school records.
  • If you have a pending case, keep your address updated with USCIS and the immigration court within 10 days of moving. Missing a hearing can lead to a removal order in your absence.

When to talk to a lawyer now

  • You have a final removal order or missed an immigration hearing.
  • You have any arrest or conviction.
  • Your status has expired or your case was denied.
  • You are a green card holder who spent long periods abroad.
  • You plan to travel, even domestically, and are unsure of your risk.

Talk to Yellow Law Group. Our attorneys handle detention, bond and enforcement cases and can prepare a family plan with you in Turkish or English. Book a free case evaluation.

Sources

  • US Constitution, Fourth and Fifth Amendments
  • 8 C.F.R. § 287.8 (standards for enforcement activities)
  • INA § 262 and § 264 (alien registration); USCIS alien registration requirement effective April 11, 2025
  • Baker Donelson, “The new alien registration requirement starts April 11, 2025: what now?”
  • UC Davis Immigration Law Clinic, “ICE presence at airports,” March 24, 2026
  • CBP Directive 3340-049A, Border Search of Electronic Devices

This article is general information, not legal advice, and reflects the rules as of October 1, 2026.

Free newsletter

Join Our Community

US legal updates for immigrants, families and businesses.

  • USCIS and visa rule changes, explained simply
  • Webinar invitations and practical guides
  • No spam — unsubscribe anytime

Got Questions? We're on it.

Know Your Rights With ICE and CBP in 2026: At Home, at Work, in the Car and at the Airport • Frequently Asked Questions

No, unless officers have a warrant signed by a judge. An ICE administrative warrant signed by an immigration officer does not by itself allow entry into your home without your consent.

Yes. Everyone in the US has the right to remain silent. Do not lie and do not show false documents. At an airport arrival from abroad, visitors who refuse to answer may be refused entry.

Non-citizens aged 18 or older must carry proof of registration, such as a green card, EAD, I-94 or a USCIS registration notice. Not carrying it can lead to a fine of up to $5,000 and up to 30 days in jail.

Yes. CBP can inspect electronic devices at the border without a warrant. Citizens and permanent residents cannot be refused entry for declining to unlock a device, but the device may be held.

Not without legal advice. Signing I-407 gives up permanent residence. You have the right to have an immigration judge decide whether you abandoned your residence.

Media reports since March 23, 2026 describe ICE officers deployed at some US airports. People with removal orders, criminal history or no current status should get legal advice before flying.

Free Case Evaluation