Wilner & O'Reilly, APLC
One Practice. One Focus. One Passion: Immigration Law.

FAQ Archives

Family Preparedness: Having the Tough Conversation with Spouses, Children and Loved Ones

Are you or an immediate family member (meaning spouse, child or parent) undocumented? If so, you belong to a group of an estimated 16 million people in the United States who have "mixed-status" families. If so, know that you are not alone and you have options.

Questions for immigration attorney:

Q: What are my rights if immigration officers ("ICE") come to my house?Even if you are in this country without valid status or are undocumented, the U.S. Constitution affords certain rights. You don't have to open the door or let the officers into your home unless the immigration officers have a valid search warrant, signed by a judge. A warrant is a document signed by a court or authorized government agency. Keep in mind that an ICE deportation/removal warrant or arrest warrant is not the same as a search warrant. The officers cannot enter your house without the search warrant unless you give them verbal permission to come inside. Your verbal permission is called "consent." You have the right to see the search warrant before the officers enter your house (for example, you can ask them to slide it under the door). You can also talk with the officers at the door, without letting them inside.

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