Table of Contents

Quick Answer (Memorize This)

If ICE stops you in public, the safest first move is to ask: “Am I free to leave?” If the answer is yes, leave calmly. If the answer is no, say: “I choose to remain silent. I want to speak to a lawyer.” Do not lie, do not sign anything, and do not consent to searches. These steps align with widely used “Know Your Rights” guidance published by the Immigrant Legal Resource Center (ILRC) and the ACLU.

This article is general legal information, not legal advice. If you want guidance for your situation, consult an immigration lawyer.

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Fast Facts (Key Takeaways)

  • Ask first: “Am I free to leave?”

  • If you are free to leave, leave calmly and silently.

  • If you are detained, say: “I choose to remain silent. I want a lawyer.”

  • Do not lie to federal officers.

  • Say clearly: “I do not consent to a search.”

  • Do not sign anything without legal advice.

  • What you say in public can become evidence later in immigration court.

If you want a deeper breakdown of how civil immigration arrests work (including why ICE can arrest people with no criminal conviction), see HLG’s guide: Is ICE Arresting Only Criminals—Or Anyone With a Civil Immigration Violation?

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What to Say If ICE Stops You in Public (Use This Exact Script)

When people get approached by ICE in public, the danger is usually not “one wrong word.” The danger is starting a conversation that creates admissions, confusion, or consent that cannot be undone.

Here is the safest script to memorize and repeat.

The 15-Second Script (Most Important Words)

Say this, in this order:

  1. “Am I free to leave?”

  2. If YES: “Okay.” (leave calmly)

  3. If NO: “I choose to remain silent.”

  4. “I want to speak to a lawyer.”

  5. “I do not consent to a search.”

  6. “I will not sign anything without legal advice.”

That is enough.

What NOT to Say (These Statements Can Hurt You)

Do not try to “explain your way out” of an ICE encounter. Public explanations often become admissions.

Don’t say:

  • “I’m undocumented.”

  • “I overstayed my visa.”

  • “I don’t have papers.”

  • “I entered without inspection.”

  • “I’m from ___.”

  • “My visa expired.”

  • “I just need time to fix my status.”

  • “I can show you something on my phone.”

  • “Yes, you can search me. I have nothing to hide.”

Say instead:

  • “I choose to remain silent.”

  • “I want to speak to a lawyer.”

  • “I do not consent to a search.”

Why the Order Matters

The order protects you because:

  • Leaving ends the encounter before it escalates.

  • Silence prevents accidental admissions about immigration status or entry history.

  • A lawyer prevents irreversible mistakes, including signing the wrong document.

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“Am I Free to Leave?” — The One Question That Controls the Encounter

This is the decision tree you should memorize.

The Public Encounter Flowchart (Simple + Safe)

ICE approaches you → Say: “Am I free to leave?”

  • If ICE says YESLeave calmly

  • If ICE says NO → You are being detained → Say:
    “I choose to remain silent. I want to speak to a lawyer.”

  • If ICE refuses to answer → Say once more:
    “Am I free to leave?”
    Then stop talking.

If ICE Says “Yes” → Leave Calmly

If you are free to go, go.

Do not argue.
Do not run.
Do not consent to anything on the way out.

If ICE Says “No” → You Are Being Detained

Once you are not free to leave, your only job is to stop the conversation:

  • “I choose to remain silent.”

  • “I want to speak to a lawyer.”

Then repeat those lines as needed.

If ICE “Chats” Instead of Answering

Sometimes an officer avoids answering directly and continues with questions.

Your response stays the same:

  • “Am I free to leave?”

  • “I choose to remain silent.”

Do You Have to Answer ICE Questions in Public?

In most public encounters, ICE can ask questions. That does not mean you must answer them.

Many people harm their case by “cooperating” through casual conversation.

Reliable “Know Your Rights” guidance (including wallet-card style scripts) is available from the Immigrant Legal Resource Center (ILRC Red Cards) and the National Immigration Law Center (NILC).

ICE Can Ask Questions, But You Can Decline

If ICE asks:

  • Where were you born?

  • What is your nationality?

  • What is your status?

  • When did you enter?

  • Where do you live?

  • Who do you live with?

  • Where do you work?

Your safest answer is:

  • “I choose to remain silent.”

  • “I want to speak to a lawyer.”

Do You Have to Show ID to ICE in Public?

This is one of the most common questions, and it’s where people get trapped into “explaining.”

If ICE asks for ID, your safest response is still to avoid volunteering anything beyond the script.

If you carry documents, the most important rule is:

  • Never present false documents.

  • Never lie about your identity.

  • Do not hand over your phone “to prove it.”

If you are unsure what you must do in your specific circumstances, stay calm and repeat:

  • “I choose to remain silent.”

  • “I want to speak to a lawyer.”

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Searches: Bags, Car, and Your Phone (The Consent Trap)

One of the biggest mistakes people make in public encounters is consenting to a search because they think it will “clear things up.”

Consent rarely clears things up. Consent often creates evidence.

The Script You Need: “I Do Not Consent to a Search.”

Say it clearly:

“I do not consent to a search.”

Then stop talking.

If ICE Asks to Search Your Phone

ICE may ask:

  • “Can I look at your phone?”

  • “Unlock it so we can confirm your identity.”

  • “Just show me your messages.”

  • “Open your photos.”

Your response should be short and repeatable:

  • “I do not consent.”

  • “I want to speak to a lawyer.”

Do not unlock your phone “just to show one thing.”
Do not hand over your phone to “prove your case.”

If you want general consumer guidance on protecting device access, see the ACLU digital privacy resources.

If ICE Asks to Look Inside Your Bag or Vehicle

If ICE asks to search your bag, your pockets, or your car, say:

  • “I do not consent to a search.”

If they search anyway, do not physically resist. Your job is to avoid escalating while preserving your legal rights.

Never Sign Anything Without Legal Advice

This is the second biggest irreversible mistake.

If ICE hands you paperwork and asks for a signature, do not assume it is “routine.”

What “Signing Something” Can Mean in Immigration

In immigration enforcement situations, a signature may be connected to:

  • waiving rights

  • agreeing to removal

  • accepting “voluntary departure”

  • giving up a hearing

  • confirming statements you did not fully understand

If you are uncertain, you should treat every document as serious.

The Script Line

Say exactly:

“I will not sign anything without legal advice.”

Then stop talking.

If you want to understand how immigration cases move through court, EOIR provides basic court information at the Executive Office for Immigration Review (EOIR).

The “Don’t Lie” Rule: Silence Is Safer Than Improvising

Silence is not lying. Silence is not resisting. Silence is often the safest legal strategy in a street encounter.

Do Not Lie to Federal Officers

Do not make up:

  • a fake name

  • a fake birthplace

  • a fake immigration status

  • a fake entry history

If you are unsure what to say, do not guess.

Say:

  • “I choose to remain silent.”

You Do Not Have to Fill the Silence

Many people start talking because silence feels awkward.

But in an immigration context, silence is often the safer choice than improvisation.

For another HLG explainer that reinforces this same “stay calm, use the script” framework, see: Cleveland Police ICE Statement

If ICE Stops You While You’re With Your Child or Family

Public enforcement encounters often happen when families are together—outside schools, stores, workplaces, and community events.

Your goals are simple:

  1. keep the situation calm

  2. keep the child safe

  3. do not give admissions

What to Say (Family Version Script)

  • “Am I free to leave?”

  • “I choose to remain silent.”

  • “I want to speak to a lawyer.”

If relevant and safe, you can add one line:

  • “My child needs to stay with me.”

What a Family Member or Witness Should Do

A trusted adult nearby can help by documenting facts without interfering.

A witness should try to capture:

  • time and exact location

  • number of officers and vehicles

  • visible agency markings (ICE, DHS)

  • badge numbers (if visible)

  • names of witnesses

  • what was said by both sides (as accurately as possible)

For family preparedness planning, see the ILRC preparedness resources.

Special Scripts for High-Risk Groups (Use the One That Matches You)

Some groups face unique risk because “explaining” requires complicated immigration facts.

International Students (F-1) and OPT Workers

If you are an international student, do not try to explain:

  • SEVIS status

  • OPT/STEM OPT details

  • CPT authorization

  • school transfer timing

Public explanations can accidentally create contradictory statements.

Use the same short script:

  • “I choose to remain silent.”

  • “I want to speak to a lawyer.”

For baseline references, see USCIS Students and Exchange Visitors and ICE SEVIS practical training.

HLG student-defense authority loop (recommended internal support links):

Tourists and Visitors (B-1/B-2)

Tourists often feel pressure to “prove” they are lawful visitors by oversharing.

Don’t overshare.

Use the script:

  • “Am I free to leave?”

  • “I choose to remain silent.”

  • “I want to speak to a lawyer.”

For general government visa information, see the U.S. Department of State visa overview.

HLG travel-enforcement support:

Green Card Holders (Lawful Permanent Residents)

Many lawful permanent residents assume they must “clear it up immediately.”

That assumption can be dangerous if:

  • you have an old arrest record

  • you traveled recently

  • you have a pending case

  • ICE believes there is a prior removal order

Use the same script:

  • “I choose to remain silent.”

  • “I want to speak to a lawyer.”

You can review general green card information at USCIS Green Card.

People With Pending Immigration Cases (Asylum, Family Petition, Motions)

If your case is pending, the safest rule is: do not create new statements in public.

Use:

  • “I choose to remain silent.”

  • “I want to speak to a lawyer.”

Scenario-Based Guide: Real-World ICE Encounters (With Risk Levels)

Below are common situations immigrant families report. Use the risk ratings to understand when “talking” can become dangerous.

Scenario 1: ICE Approaches You Outside a Workplace (Risk: Medium)

Scenario: You are walking to or from work and ICE approaches with questions.
What ICE may be trying to get: identity confirmation and admissions.
Best response:

  • “Am I free to leave?”

  • “I choose to remain silent.”

Do not do this: explain status, overstay, or where you live.
Possible consequences:

  • detention

  • follow-up visits

  • workplace pressure on others

Best next step afterward: write a timeline and call an attorney.

Scenario 2: ICE Stops You Near a Courthouse or Government Building (Risk: High)

Scenario: You are near an official building and ICE questions you.
What ICE may be trying to get: confirmation of identity and case status.
Best response:

  • “I choose to remain silent.”

  • “I want to speak to a lawyer.”

Do not do this: hand over paperwork or discuss your case history.
Possible consequences:

  • detention

  • missed hearing dates

  • confusion that worsens the case

Best next step afterward: call a lawyer immediately.

Scenario 3: ICE Questions You in a Parking Lot (Risk: Medium)

Scenario: ICE approaches you near your car or while loading groceries.
What ICE may be trying to get: consent to search; ID; admissions.
Best response:

  • “Am I free to leave?”

  • “I do not consent to a search.”

Do not do this: unlock your phone “to prove it.”
Possible consequences:

  • evidence collection

  • escalation into detention

Best next step afterward: document location, time, and witnesses.

Scenario 4: ICE Approaches You on Public Transit (Risk: Medium)

Scenario: You are on a bus, train, or platform and ICE approaches.
What ICE may be trying to get: questioning and separation from the crowd.
Best response:

  • “Am I free to leave?”

  • “I choose to remain silent.”

Do not do this: argue loudly or attempt to “debate” your rights.
Possible consequences:

  • escalation

  • public confrontation

  • detention

Best next step afterward: write down what happened immediately.

Scenario 5: ICE Stops You While You’re With Your Child (Risk: High)

Scenario: ICE approaches while your child is present.
What ICE may be trying to get: compliance through pressure.
Best response:

  • “I choose to remain silent.”

  • “I want to speak to a lawyer.”

Do not do this: panic-explain status in front of your child.
Possible consequences:

  • family separation risks

  • heightened trauma

  • rushed decisions and signatures

Best next step afterward: secure childcare and contact a lawyer.

Scenario 6: ICE Asks to Search Your Phone “Just to Confirm” (Risk: High)

Scenario: ICE asks you to unlock your device.
What ICE may be trying to get: messages, photos, contacts, location history.
Best response:

  • “I do not consent.”

  • “I want to speak to a lawyer.”

Do not do this: unlock it even “for one minute.”
Possible consequences:

  • evidence preservation for future use

  • widened investigation

  • contacts and family exposure

Best next step afterward: contact counsel and preserve your timeline notes.

How to Document an ICE Encounter (Without Escalating It)

Documentation helps your lawyer understand what happened and how to respond.

What Evidence Matters Most

If safe and legal in your location, try to capture:

  • video (start with time and location)

  • photos of vehicles and agency markings

  • names of witnesses

  • exact words used

  • badge numbers (if visible)

If you cannot record, write a timeline immediately afterward.

Write a Timeline Immediately After the Encounter

Your timeline should include:

  • date and time

  • exact address or intersection

  • how many officers

  • what questions were asked

  • what you said (exact words if possible)

  • whether any search happened

  • whether any documents were offered or signed

Rights Script in English (Copy/Paste)

Use these lines exactly:

  • “Am I free to leave?”

  • “Am I being detained?”

  • “I choose to remain silent.”

  • “I want to speak to a lawyer.”

  • “I do not consent to a search.”

  • “I will not sign anything without legal advice.”

Guion en Español (Copy/Paste)

  • “¿Soy libre de irme?”

  • “¿Estoy detenido/detenida?”

  • “Elijo permanecer en silencio.”

  • “Quiero hablar con un abogado.”

  • “No doy mi consentimiento para un registro.”

  • “No voy a firmar nada sin asesoría legal.”

1-Page Printable “Public Encounter Script” (For Families and Resource Pages)

A one-page printable version of this script is one of the most linkable “public safety” assets immigrant resource pages share.

What the 1-page printable should include

Top section: The 15-second script

  • “Am I free to leave?”

  • “I choose to remain silent.”

  • “I want a lawyer.”

  • “I do not consent.”

  • “I will not sign.”

Middle: The flowchart

  • Ask → free to leave?

  • yes → leave calmly

  • no → remain silent + lawyer

Bottom: Emergency checklist

  • call lawyer

  • write timeline

  • identify witnesses

  • do not sign anything

If you want a “wallet card” model for formatting, the ILRC Red Cards are a widely recognized standard.

FAQ: If ICE Stops You in Public

1) What should I say if ICE stops me in public?

Say: “Am I free to leave?” If yes, leave calmly. If no, say: “I choose to remain silent. I want to speak to a lawyer.” Avoid answering status questions, do not consent to searches, and do not sign anything. For general rights guidance, see the ACLU immigrant rights overview.

2) Am I required to answer ICE questions on the street?

In many public encounters, you can decline to answer questions. The safest approach is to state: “I choose to remain silent.” You do not need to explain your status or entry history in public. See the ILRC Know Your Rights flyer.

3) Can ICE stop someone with no criminal record?

Yes. ICE can arrest and detain people based on civil immigration grounds, including overstays and status violations. That is why the “script approach” matters even for people who have never been arrested. For a deeper explainer, see Is ICE Arresting Only Criminals—Or Anyone With a Civil Immigration Violation?

4) Can ICE stop me in public without a warrant?

ICE can approach people in public and ask questions. Whether ICE can detain or arrest depends on the circumstances. The safest move is not to debate legal authority in public. Ask: “Am I free to leave?” If detained, remain silent and request counsel.

5) Do I have to show ID to ICE in public?

ICE may ask for identification. Do not lie or present false documents. If you are unsure what to do, avoid volunteering information and repeat: “I choose to remain silent. I want to speak to a lawyer.” For a quick-reference rights model, see the NILC Know Your Rights materials.

6) What if ICE asks where I was born?

Do not answer. Say: “I choose to remain silent.” Birthplace and nationality details can be used later in immigration proceedings.

7) Should I tell ICE my immigration status?

No. Do not volunteer immigration status, visa history, or entry details in public. Use the script: “I choose to remain silent. I want to speak to a lawyer.” See the National Immigrant Justice Center ICE encounter guidance.

8) What if ICE asks to search my phone?

Say: “I do not consent to a search.” Then ask for a lawyer. Do not unlock your phone “just to show one thing.” For general privacy rights education, see the ACLU privacy and technology resources.

9) What if ICE asks to search my bag or car?

Say: “I do not consent to a search.” Do not argue or physically resist. You can preserve your rights without escalating the encounter.

10) What happens if I sign something ICE gives me?

Signing can have serious consequences, including waiving rights or agreeing to outcomes you do not fully understand. The safest sentence is: “I will not sign anything without legal advice.” If you are placed into court proceedings, general court information is available through EOIR.

11) What should I do if ICE comes to my house instead?

Home encounters have different rules and higher risk. For door-knock situations, see HLG’s detailed guides: What To Do If ICE Comes To Your Door: 10 Smart Things and ICE Came to My Door: What Are My Rights If I’m Undocumented or Overstayed?

12) What should I do if ICE stops me while I’m with my child?

Keep your words minimal, stay calm, and avoid admissions. Use: “I choose to remain silent. I want a lawyer.” You can prepare in advance using the ILRC family preparedness resources.

13) What if I’m an international student (F-1) or on OPT?

Do not try to explain SEVIS, OPT, CPT, or transfer timing in public. Use the same script and contact counsel. See HLG’s guide: SEVIS Terminated: What F-1 Students Must Know and Do Immediately (2025 Update)

14) What if I have a green card?

Having a green card does not mean you should answer questions in public. Use the same short script and request counsel. General information is available at USCIS Green Card.

15) What should my family do if I’m taken by ICE?

The first 48–72 hours matter. Families should identify where the person is held, gather documents, and get legal help quickly. For Ohio-based rapid-response steps, see HLG’s guide: Bond in Ohio: ICE Arrest Guide & Same-Day Legal Help

What This Means Going Forward

ICE encounters in public are often fast, confusing, and designed to produce quick answers. The safest strategy is not to “win the conversation.” The safest strategy is to end the conversation without making admissions, giving consent, or signing documents. A short memorized script protects people better than improvisation. If you or your family are worried about public enforcement activity, preparation and calm documentation matter.

If you want legal advice for your specific situation, you can schedule a consultation with Herman Legal Group here: Book a consultation.

HLG Resources

Written By Richard Herman
Founder
Richard Herman is a nationally recognizeis immigration attorney, Herman Legal Group began in Cleveland, Ohio, and has grown into a trusted law firm serving immigrants across the United States and beyond. With over 30 years of legal excellence, we built a firm rooted in compassion, cultural understanding, and unwavering dedication to your American dream.

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