Under most circumstances, ICE agents cannot legally enter private spaces—such as homes, private offices, or the non-public areas of a workplace—without one of the following:

• A judicial warrant signed by a judge or magistrate; or
• Voluntary consent from someone who has actual or apparent authority over the property (e.g., someone who lives there).

A judicial warrant is one that is signed by a judge.  An ICE administrative warrant (such as Forms I-200 and I-205) is not a judicial warrant and does not authorize entry into a home or other private space without consent.

If ICE agents are seeking to enter a house, a person has the legal right to speak through the door to:

• Ask to see the warrant before opening the door;
• Check whether the warrant is signed by a judge; and
• Deny entry if it is not.

1. The person has the right to remain silent. They do not have to answer questions about their immigration status, citizenship, where they were born, or how they entered the United States. The person can state, “I am exercising my right to remain silent,” and refuse to speak with ICE agents until they have spoken with an attorney.

    

2. The person has the right to hire and speak with a lawyer, but the government is not generally required to provide one in immigration proceedings.

    

3. The person has the right to refuse to sign documents. ICE may ask people to sign voluntary departure forms, waivers of rights, or other paperwork. The person being arrested or detained has a right to read and understand any document before signing it.

People being questioned, arrested, or detained by ICE should never give false information or fake documents, as doing so could result in criminal charges. See 18 U.S.C. § 1001.

• Yes, you can lawfully request an ICE agent’s name and employment identification number. You can also request a copy of any documents you are the subject of, such as a civil or criminal immigration detainer / hold or a search warrant.

Though ICE may not be obligated to answer all of your questions, the person being targeted may choose to ask:

• Am I being detained?
• Am I under arrest?
• What is the reason?
• Do you have a warrant?
• Can I see it?
• Where are you taking me?
• What agency do you work for?
• What are your names and badge numbers?
• How can my family or lawyer contact you?

There are a few ways to inquire into a specific ICE detention:

• Check the ICE online Detainee Locator System: https://locator.ice.gov/odls/#/search
• Contact the Boston ICE Enforcement & Removal Operations (ERO) Field Office Boston.Outreach@ice.dhs.gov or (781) 359-7500
• Submit a Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE)
• Check with your local police department

Please keep in mind, federal law enforcement agencies are not legally required to check in with and/or request assistance from local law enforcement as it relates to federal law enforcement action taking place in a specific municipality. This means your local police department may or may not have knowledge of who was federally detained out of their jurisdiction.

1. Bystanders have the right to observe ICE officers and record the encounter from a reasonable distance, so long as they do not interfere with the officers. See Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011).
2. Bystanders have the right to remain silent. Although ICE may ask questions, bystanders are not required to answer questions about their own immigration status or the status of another person.
3. Bystanders have the right to refuse entry. If ICE agents approach a home where a bystander resides, the bystander can refuse entry without a judicial warrant.

Anyone alleged to have obstructed, impeded, or assaulted an ICE agent may be criminally prosecuted. See 18 U.S.C. § 111. State statutes also prohibit assault and battery on a police officer (G.L. 265, § 13D, par. 1) and resisting arrest (G.L. c. 268, § 32B); interfering with a police officer is a common law crime in Massachusetts.

Yes, bystanders generally have the right to watch or record ICE agents from a reasonable distance in public places. This right is protected by the First Amendment and does not violate the Massachusetts Wiretap Act.

But bystanders must stay at a safe distance and must not interfere with an ICE operation. Interfering might include the following actions, which could result in criminal charges:

• Pushing or otherwise physically touching an officer;
• Blocking officers; or
• Hiding the person ICE is trying to arrest.

As long as they are not obstructing or impeding the enforcement action, bystanders may also help the person being targeted to ask the ICE agent questions (such as those listed above) and document the enforcement action—either by taking notes or recording video.

They can also ask a person being detained questions such as:

• Do you have an immigration lawyer I can call for you?
• Is there a family member you would like me to call?

Yes, members of the public have a First Amendment right to peacefully assemble, protest, and speak out against ICE operations. Protesters also have the same rights as those outlined above for bystanders and individuals subject to arrest. They do not have a right to physically interfere with ICE officers, use violence or destroy property, or engage in any other criminal acts. 

You can submit reports of potentially unlawful activity or misconduct by federal agents in Massachusetts online to the AGO and the Governor’s Office, at https://www.mass.gov/forms/report-misconduct-by-federal-agents

No, local police, including the Newton Police Department, do not have authority to enforce federal civil immigration laws. Local police may, however, cooperate with federal law enforcement on criminal matters unrelated to immigration status.

No, the Newton Police Department does not have the authority to enforce federal immigration laws. We are committed to equal enforcement of the law and equal service to all members of the community, regardless of immigration status.

Yes, federal immigration officers have full authority to enforce immigration laws anywhere in the country, including Newton. The Newton Police Department does not have the authority to prohibit federal immigration officers from coming into our jurisdiction nor are they required to obtain our approval before taking action within the community.

Local law enforcement agencies cannot be compelled by the federal government to carry out federal civil immigration enforcement. Any voluntary cooperation with ICE by local law enforcement must comply with state and local legal limitations, including:

• Lunn v. Commonwealth, 477 Mass. 517 (2017): The Supreme Judicial Court ruled that state and local law enforcement officers have no legal authority to arrest, detain, or hold an individual based solely on a federal civil immigration detainer. A civil detainer is a request from ICE to keep a person in custody until ICE agents can arrest them. Similar to an administrative warrant, a civil detainer is issued by ICE—not a judge. Lunn does not limit state and local law enforcement from acting in accordance with state law to protect public safety; it simply makes clear that federal civil detainers are not themselves legal grounds for detention.
• Massachusetts Constitution: Guarantees equal protection of the laws to all people, regardless of nationality, citizenship, or immigration status.
• Massachusetts Civil Rights Act (MCRA): Guarantees every person “the right to bias-free professional policing,” which means that law enforcement “shall not consider a person’s race, ethnicity, … [or] immigration status” in police decision-making. The MCRA also prohibits interference with another person’s rights through threats, intimidation, or coercion.
• Anti-Profiling Laws: State laws prohibit law enforcement from profiling on the basis of actual or perceived race, color, ethnicity, national origin, immigration or citizenship status. See G.L. c. 90, § 63(h).
• Newton’s Welcoming City Ordinance

DISCLAIMER: The information provided on this website it not legal advice or a formal legal opinion on any matter. Individuals should consult with legal counsel if they need advice or representation in specific cases or circumstances.