Is It Illegal to Not Cooperate with ICE?
Immigration and Customs Enforcement (ICE) plays a major role in enforcing U.S. immigration laws—but for individuals, employers, and even local governments, understanding what it means to “cooperate with ICE” isn’t always simple. People often ask: Do I have to answer ICE’s questions? Can I say no to a home raid? Can my employer get in trouble for not helping ICE?
Whether you're a U.S. citizen, a green card holder, or an undocumented immigrant, knowing your rights when it comes to ICE interactions is essential. In this blog, we’ll break down what cooperation with ICE really means, when it’s required by law, and when you have the legal right to say no.
What Is ICE?
U.S. Immigration and Customs Enforcement (ICE) is a federal agency under the Department of Homeland Security (DHS). ICE is responsible for enforcing immigration laws within the United States, conducting deportations, managing immigration detention, and investigating immigration-related crimes.
Its two main divisions are:
Enforcement and Removal Operations (ERO): focuses on arresting and deporting undocumented immigrants or non-citizens with criminal records.
Homeland Security Investigations (HSI): investigates criminal activity including immigration fraud, human trafficking, and international smuggling.
Understanding what ICE is trying to do during a particular encounter is key to knowing what your legal obligations are—or aren’t.
Do Individuals Have to Cooperate with ICE?
Whether or not you're required to cooperate with ICE depends on your citizenship status, the type of interaction, and whether ICE has proper legal authority for their actions.
If ICE Approaches You in Public
You have the right to remain silent—whether you are a U.S. citizen or not. ICE may ask you questions about your immigration status, where you were born, or how you entered the country. You are not required to answer these questions.
You can say, “I choose to remain silent.”
You can ask, “Am I free to leave?” If the answer is yes, you can walk away.
If you are undocumented or unsure of your immigration status, it's especially important not to lie or provide false documents. Doing so can result in criminal charges. But choosing not to answer questions is not illegal.
If ICE Comes to Your Home
ICE cannot enter your home without a judicial warrant signed by a judge. An administrative warrant, often labeled “ICE warrant” or “Form I-200/I-205,” is not enough.
You have the right to ask ICE officers to slip the warrant under the door.
If the warrant is not signed by a judge, you may legally refuse entry.
You do not have to open the door or allow a search without proper documentation.
It is not illegal to deny ICE entry into your home unless they have a valid judicial warrant.
If You’re Detained or Arrested
Once you’re in custody, ICE may try to question you. You still have the right to remain silent and the right to request an attorney. You are not legally obligated to sign documents or speak with ICE without first consulting a lawyer.
Do Employers Have to Cooperate with ICE?
For employers, the rules are different. Businesses must comply with certain federal laws regarding employment verification and may be subject to ICE audits. Employers are required to complete and retain I-9 forms for all employees. They are also required to respond to ICE subpoenas or notices of inspection.
However, even employers have rights. ICE cannot raid a workplace or demand records without a subpoena or warrant. Employers are not required to allow ICE to enter non-public areas of the business without a warrant. Additionally, employers are not required to allow ICE to interview employees without consent or proper legal authority.
Employers should also avoid taking actions that could be seen as retaliation or discrimination based on immigration status.
Are Local Police Required to Cooperate with ICE?
In many places, local law enforcement agencies are not obligated to cooperate with ICE on immigration enforcement. In fact, many jurisdictions—particularly in Illinois and other “sanctuary” states—have laws or policies in place that limit cooperation.
For example:
Local jails are not required to honor ICE detainers, which are requests to hold a person for ICE after their criminal case is resolved.
Police are not required to notify ICE when someone is released from custody.
Law enforcement cannot detain someone solely for immigration violations without a judicial warrant.
That said, ICE can still operate independently and may attempt to take custody of individuals after they are released from local jails.
Can Refusing to Cooperate with ICE Lead to Legal Trouble?
Refusing to answer questions, open your door without a warrant, or allow ICE access to private areas without proper legal authority is not a crime. However, if you actively interfere with ICE enforcement—such as hiding someone, lying, presenting fake documents, or obstructing an arrest—you may face criminal charges under federal law.
For example:
8 U.S.C. § 1324 makes it a crime to knowingly harbor or transport undocumented immigrants.
18 U.S.C. § 1001 prohibits making false statements to federal officers.
Passive refusal (staying silent, requesting a warrant, denying access) is legal. Active deception or interference is not.
What Should You Do If ICE Contacts You?
Whether you're an individual, an employee, or an employer, here are a few key steps:
Stay calm and polite—do not resist physically or argue.
Ask to see a warrant, and verify if it’s signed by a judge.
Remain silent or say, “I choose to remain silent.”
Do not sign anything without a lawyer present.
Document the interaction if possible (date, time, officer names).
Contact an immigration-informed criminal defense attorney as soon as possible.
At Bernard Law, we help individuals who are at risk of immigration enforcement due to criminal charges, pending warrants, or ICE holds. While we don’t provide direct immigration representation, we work closely with clients to prevent criminal cases from triggering immigration consequences whenever possible.
Protecting Your Rights in Illinois
So, is it illegal to not cooperate with ICE? In most cases, no—as long as you do not lie, interfere, or provide false documents. You have the constitutional right to remain silent, deny access to your home or workplace without a proper warrant, and request an attorney before speaking.
ICE encounters are serious. If you or a loved one has been contacted by ICE or is facing criminal charges that may lead to immigration consequences, it’s critical to act quickly. Contact Bernard Law today for a confidential consultation. We’ll help you understand your rights, protect your freedom, and work to prevent a criminal case from turning into an immigration nightmare.