Do NC citizens have to answer questions from ICE about immigrants? We asked experts
New laws, executive orders and warnings of mass deportation from the Trump administration have many people, regardless of legal status, concerned about potential encounters with U.S. Immigration and Customs Enforcement.
In the Triangle, the University of North Carolina at Chapel Hill and Wake County Public School System have already announced how they will respond if ICE agents show up on campus, The News & Observer has previously reported. Other local school systems including Chapel Hill-Carrboro City Schools, Orange County Schools and Durham Public Schools said they would support staff and families.
But citizens and lawful permanent residents may be unsure about whether and when to comply with ICE, and what their rights are.
The N&O spoke with an immigration attorney at the Durham-based firm Brown Immigration Law and the Siembra NC organization, which works to support families and communities affected by ICE, to learn what people should know about dealing with the agency.
Do you need to answer ICE’s questions?
Everyone in the United States has the right to remain silent, Rishi Oza, a partner at Brown Immigration Law, told The N&O over the phone.
“No one has an obligation to speak to, quite frankly, any law enforcement officer, unless there’s a warrant or something along those lines, some kind of subpoena to speak before a court,” Oza said.
If an officer asks if you know of anyone who does not have legal immigration status in the U.S., you don’t need to answer their questions. However, Oza said he recommends that people be polite and not argumentative when dealing with officers.
According to the American Civil Liberties Union of North Carolina, if you’re pulled over while driving, an officer can require you to show your license, vehicle registration and proof of insurance, and write your name and address or the name and address of the vehicle owner. But individuals are not required to answer questions about their immigration status.
Do you need to show proof of legal immigration status?
U.S. citizens do not need to carry proof of citizenship, such as a passport, with them, Oza said. However, non-citizens can be asked to provide evidence of their status.
Lawful permanent residents should always have their permanent resident cards with them, he said, and people who are in the country with, for example, an H-1B visa, should have evidence of their legal status with them.
Do you need to let ICE into your home or business?
ICE agents are not allowed to enter your home without your consent, probable cause or a warrant signed by a judge, Oza said.
“Not opening the door until we can confirm that there’s a judicial warrant with your name on it signed by a judge — it’s really vital,” said Kelly Morales, a co-director of Siembra NC.
Even if ICE agents have a judicial warrant that allows them to enter and search private property, you can still remain silent and ask for an attorney.
The law is more vague when it comes to businesses, Oza said, because they are quasi-public places.
ICE will typically have a warrant or document that allows them to enter a business and search for people who are living in the country illegally, Oza said.
“I would say it’s relatively rare, in my experience, that ICE is just going to walk into a restaurant and say, ‘We need to check this place out’ and go searching into the back,” Oza said.
Though not an attorney, Morales also stressed that business owners are not required to comply without a warrant.
“If an ICE agent shows up to your place of work, bosses, managers should know that they have a constitutional right to ask for judicial warrants before they enter their private property,” Morales said.
“And so nine times out of 10, what we’re seeing is that ICE agents don’t have judicial warrants. And so what that means is that they’re counting on business owners, they’re counting on managers, they’re counting on people at the door, people in their cars to actually consent to having a conversation with them and consent to starting an apprehension process.”
What are some ways to protect against deportation?
If you know someone who is in the country without legal authorization and they are worried about deportation or expedited removal, you could suggest that they meet with an immigration attorney who can help individuals understand their options, Oza said.
There are more than 11 million people living in the U.S. without authorization, and about 315,000 of them are in North Carolina, The Charlotte Observer previously reported.
“Since the election, we’ve seen an uptick in the number of people that have been coming into the office and just kind of asking about, hey, what are my options? And a large majority of these folks have options they can pursue. They just never bothered doing it,” Oza said.
He also recommends reducing the likelihood of encountering law enforcement. This can be done by avoiding driving, using public transportation and refraining from activities like driving drunk.
The National Immigrant Justice Center offers these suggestions:
- Consult with an attorney.
- Create a safety plan. Memorize contact information for emergency contacts, and make sure emergency contacts can make medical and legal decisions for children.
- Keep identity and financial documents in a safe place that emergency contacts can access.
- Be aware of digital scams, including social media posts promising new or quick immigration relief. The U.S. government does not typically contact people by phone.
This story was originally published January 30, 2025 at 12:43 PM with the headline "Do NC citizens have to answer questions from ICE about immigrants? We asked experts."
