Quick answer

If Immigration and Customs Enforcement (ICE) comes to your door, do not open it. Ask the officer to slide any warrant under the door. Look for a federal judge's signature and the words "United States District Court". That's a judicial search warrant, and you must comply. An "Immigration and Customs Enforcement (ICE) Form I-200" or "ICE Form I-205" is an administrative warrant, not a judicial warrant, and it does not authorize entry into your home without your consent. You have the right to remain silent under the Fifth Amendment and the right to an attorney. California's Values Act (SB 54, codified at Cal. Gov't Code § 7282.5) bars most state and local agencies from assisting civil immigration enforcement.

If ICE is at your door right now:

  • Do not open the door.
  • Say: "I do not consent to your entry. Please slide any warrant under the door."
  • If they show a paper, look for a judge's signature and the words "United States District Court." If it says "Department of Homeland Security," it is not a judicial warrant. You do not have to let them in.
  • Stay calm. Stay silent. Record everything if you can do so safely.
  • Call an attorney or your local rapid response hotline. In Los Angeles: (888) 624-4752. Statewide California: 1-844-878-7801.

If you're reading this, you're probably scared. That's okay. Take a breath. What to do if ICE comes to your door is one of the most searched questions in the country right now, and the answer is simpler than you think.

You do not have to open your door. That is the single most important thing to know. The Fourth Amendment protects everyone inside the United States from unreasonable searches. It doesn't matter if you're a citizen, a green card holder, or undocumented. Immigration and Customs Enforcement (ICE) agents who hold an administrative warrant cannot legally enter your home without your permission. The Supreme Court drew a "firm line at the entrance to the house" in Payton v. New York (1980).

This guide covers what you need to know to protect yourself and your family. How can you tell a real warrant from an ICE warrant? What should you say, and what should you never say? What happens if someone is detained? And how does California law protect you in ways that other states don't?

68,289
People in ICE detention
(Feb. 2026, TRAC)
73.6%
Have no criminal
conviction
56
Languages for ILRC
Know Your Rights cards

What should you do if ICE knocks on your door?

Do not open the door. That's the whole rule. When you open your door, even a crack, ICE can argue that you gave them permission to come inside. Once they're in, your options shrink fast.

Speak through the closed door instead. Say: "I do not consent to your entry. I am exercising my right to remain silent. I want to speak with a lawyer." You don't need to explain yourself. You don't need to be polite about it. Just say those words clearly. The script is straight from the ACLU's Immigrants' Rights guide; that is the public reference attorneys point clients to.

If they claim to have a warrant, ask them to slide it under the door or hold it up to a window. Do not open the door to look at it. Read the paper carefully. Is it signed by a judge? Does it say "United States District Court" at the top? If it says "Department of Homeland Security" instead, it is an ICE administrative warrant. That kind of warrant doesn't give them the right to come inside.

If you can do it safely, record the conversation from inside your home. Audio or video, your call. Write down the time, the number of officers, their badge numbers if you can see them, and what they said. Your attorney will want all of this later.

Do not run. Do not physically resist. Do not sign any papers they push under the door. Tell everyone in your home the same thing. Practice it together so that if this moment ever comes, nobody panics and opens the door. It's that simple.

What is the difference between a judicial warrant and an ICE warrant?

This is the question that matters most. A judicial warrant is signed by a federal judge. An ICE administrative warrant is signed by an immigration officer under INA § 287 (8 U.S.C. § 1357), which sets out the limited powers of immigration officers to question, arrest, and search. Read the statute itself: it lets ICE arrest someone without a warrant only when the officer has reason to believe the person is in the United States without permission and is likely to escape before a warrant can be obtained, and it does not grant authority to enter a private home over your objection. The implementing regulations sit at 8 CFR Part 287, with arrest procedures detailed in 8 CFR 287.8. That is the rulebook officers themselves are supposed to follow. Without a judicial warrant and without your consent, ICE agents cannot enter your home. (Narrow exceptions exist for exigent circumstances, such as when agents believe someone inside is in immediate danger.)

Here's how to tell them apart without opening the door:

What to look for Judicial warrant ICE administrative warrant
Who signed it? A federal judge or magistrate An ICE officer
What does the top say? "United States District Court" "Department of Homeland Security"
Can they enter your home? Yes No, not without your consent
Form numbers Varies by court Form I-200 (arrest) or I-205 (removal)
Does it list your address? Yes, it must list your specific address Usually lists a person's name, not an address

The government's own training materials confirm this. The Federal Law Enforcement Training Centers (FLETC), which trains ICE officers, teaches agents that "a removal warrant does not authorize the ICE officer to enter into a reasonable-expectation-of-privacy area." FLETC tells officers that even if they know someone is inside, "the officer has no legal authority to enter" without consent or a judicial warrant.

Important update (May 2025): A leaked DHS memo signed by Acting ICE Director Todd Lyons told officers they could enter homes on administrative warrants alone (Form I-205) for people with final removal orders. The Brennan Center for Justice and the American Immigration Council have called this policy unconstitutional. A federal court in Minnesota has already ruled against it. Every major legal advocacy organization still says the same thing: do not open the door without a judicial warrant.

What are your rights if ICE stops you on the street?

Your rights outside the home aren't as strong as your rights inside it. You still have them.

If an officer approaches you in public, the first thing to ask is: "Am I free to leave?" If they say yes, walk away calmly. If they say no, you are being detained. At that point, say: "I am exercising my right to remain silent. I want to speak with a lawyer."

You do not have to answer questions about where you were born, what country you are from, or how you got to the United States. Anything you say can be used against you in immigration court. Silence protects you. Talking almost never does. Don't take that chance.

If you are not a U.S. citizen and you have immigration documents on you, an agent may ask to see them. You still do not have to answer questions about your status, where you were born, or how you entered. If you are driving and an officer pulls you over, you must show your driver's license and registration. You still do not have to answer immigration questions. Hand them a Know Your Rights card and say nothing else.

If you are arrested, do not resist physically. Keep saying: "I do not consent to a search. I want a lawyer." Repeat it. These words create a legal record that can help you later.

What should you say (and not say) to ICE agents?

The Fifth Amendment gives you the right to stay silent. Everyone inside the United States has this right. Citizens, residents, visitors, undocumented people. Use it.

Say these things

  • "I do not consent to your entry."
  • "I am exercising my right to remain silent."
  • "Please slide any warrant under the door."
  • "I want to speak with a lawyer."
  • "Am I free to leave?"

Never do these things

  • Open the door, even a crack
  • Tell them where you were born
  • Show immigration documents
  • Sign any papers without a lawyer
  • Lie or show fake documents
  • Run or physically resist

Why is lying worse than staying silent? Because giving false information to a federal officer is a separate crime. It can stack criminal charges on top of immigration consequences. Silence is legal. Lying isn't. And false documents can permanently destroy any future chance at legal status.

One more thing. Under the First Amendment, you have the right to record ICE agents in public spaces. If you see an ICE operation in your neighborhood, you can film it from a safe distance. Just don't physically interfere.

Practice with your family

Role-play this at home. Knock on the door, then have each family member say the words through the closed door. Children especially need to hear it: never open the door for someone you don't know. The ILRC recommends children practice sliding a Know Your Rights card under the door.

What if ICE enters your home without permission?

If agents enter your home without a judicial warrant and without your permission, they may be violating your constitutional rights. Don't fight them. Stay calm. Say clearly: "I do not consent to your entry or to any search." Say it more than once so anyone recording or listening can hear it.

Try to remember every detail. How many officers came in? What did they look like? Did they show a warrant? What did they say? Did they open drawers or go through closets? Write all of this down as soon as you can. An attorney can use these details to challenge the search and possibly get evidence thrown out.

If officers make an arrest, ask for the person's A-number (their alien registration number). Write it down. Ask where they're being taken. You'll need this information to find them later.

After the officers leave, do not throw away or destroy any documents they left behind. Keep everything. Call an immigration attorney or your local rapid response hotline right away. In California, call the statewide immigration hotline at 1-844-878-7801 or CHIRLA in Los Angeles at (888) 624-4752.

What happens if you or a family member is detained?

If ICE detains someone, the first hours matter. Here's what happens and what to do about it.

The detained person will be processed and assigned an A-number. That's a 9-digit number starting with "A" that becomes their ID in the immigration system. Family members need this number. It's the key to locating them, checking case status, and talking to attorneys. Look for it on any old immigration paperwork: court notices, work permits, or application receipts.

The detained person has the right to call a lawyer. Immigration detention differs from criminal jail in one critical way: the government does not have to give you a free attorney. You have the right to a lawyer, but you have to find and pay for one yourself. Detention facilities must hand out a list of free or low-cost legal service providers. Ask for this list right away.

Request a bond hearing

Most people detained inside the country can ask for a bond hearing before an immigration judge. At this hearing, the judge decides whether to release you on bond while your case moves forward. Minimum bond is $1,500 under INA Section 236(a). The judge looks at two things: are you a flight risk, and are you a danger to the community?

Strong evidence for a bond hearing includes family ties to U.S. citizens, stable employment, community involvement, years in the country, and a clean record. A psychological evaluation that documents how detention is affecting your mental health (and your family's) can make a real difference at this stage.

Never sign voluntary departure papers

This is one of the most dangerous moments in detention. ICE agents may try to get you to sign a "Voluntary Departure" form (Form I-275) or a "Stipulated Removal Order." They may tell you it's the fastest way to get home. They may say it will be easier on your family.

Don't sign a stipulated removal order without an attorney. A stipulated order may permanently waive your right to see an immigration judge, apply for asylum, request cancellation of removal, or pursue any other defense. And if you sign voluntary departure papers and miss the deadline to leave, it converts automatically into a final removal order with a 10-year bar on coming back. ICE cannot punish you for refusing to sign. Ask for a hearing before a judge.

How do you find someone in ICE detention?

If a family member disappears into ICE custody, every hour counts. Here's how to find them.

The ICE Online Detainee Locator System lets you search by A-number and country of birth. If you don't have the A-number, you can search by first name, last name, country of birth, and date of birth. The system is brutally sensitive to spelling. If someone misspelled your relative's name during intake, try every variation you can think of.

The system does not track minors under 18. If a child was separated from their parents, contact the Office of Refugee Resettlement (ORR) instead.

Other ways to locate someone:

  • EOIR Case Status Hotline: 1-800-898-7180 (24/7, automated system)
  • ICE Detained Persons Hotline: (855) 448-6903
  • National Immigrant Justice Center: (312) 583-9721 (call collect from detention)
  • ABA Detention Information Line: 202-442-3363

Tell the attorney everything you know: the person's full name, date of birth, A-number, when and where they were picked up, and what they were wearing. Time matters. Decisions happen fast in detention, and attorneys need to file motions before it's too late.

What is a family preparedness plan and why do you need one?

A family preparedness plan is a written document that tells a trusted person exactly what to do if you are detained. If you wait until ICE is at the door, it's too late to organize. This has to exist before anything happens.

Pick a trusted contact. Someone who is not at risk of deportation, like a U.S. citizen or lawful permanent resident. Give them a copy of the plan and tell them where to find your important documents.

What the plan should include

  • Your immigration attorney's name and phone number (memorize it too)
  • Your A-number and any pending case numbers
  • Who will care for your children if you are detained
  • Your children's school and daycare contact information
  • Emergency phone numbers for your local rapid response network
  • Your country's consulate phone number
  • Financial instructions: who can access your bank accounts and pay bills
  • Location of important documents (passports, birth certificates, tax returns, medical records)

Protecting your children in California

California gives parents specific legal tools to protect their children. A simple power of attorney isn't enough. Here's what actually works:

The Caregiver's Authorization Affidavit (CAA) lets a designated adult enroll your child in school and authorize school-related medical care. Schools and healthcare providers must accept it by law. You fill it out at home, no court required. The ILRC's Step-by-Step Family Preparedness Plan includes this form.

California's Family Preparedness Plan Act (AB 495), which took effect January 1, 2026, created a new option called joint guardianship. This lets parents formally nominate a backup caregiver to act as guardian if the parent is detained or deported. Unlike traditional guardianship, it does not suspend parental rights. Custody automatically goes back to the parent when they become available.

Form GC-211 (Nomination of Guardian) lets you officially name someone as your children's guardian. The court gives this nomination real weight if a guardianship case is ever opened.

Put all of these documents in one binder. Tell your children and your trusted contact exactly where to find it.

Talk to your children

Don't give children false reassurance. "Telling a child everything is fine can backfire," says Dr. Lisa Fortuna of UC Riverside. "Children sense when things aren't okay." Be honest in a way they can handle. Tell them who will take care of them. Name that person. Say: "If anything happens, Tia Maria will pick you up from school. You will be safe." A specific name and a specific plan makes children feel more secure than vague promises.

How do ICE raids affect children?

The psychological damage to children is severe, documented, and long-lasting. That's not an opinion. It's published research.

A 2020 study in JAMA Pediatrics followed 547 Latino adolescents. Children who experienced a family member's detention or deportation had more than twice the rate of suicidal thoughts (27.9% vs. 16.1%). They had nearly three times the rate of alcohol use (18.4% vs. 7.3%). And 2.76 times the rate of aggression and behavioral problems. One in four students in the study had experienced a family member's detention in the past year alone.

A 2025 study published in Children and Youth Services Review found that severe childhood exposure to immigration enforcement was linked to 4.43 times the odds of clinically significant anxiety in young adulthood. Researchers now classify immigration enforcement exposure as an adverse childhood experience, the same category as physical abuse and household violence.

The American Psychological Association has formally recognized this as a public health crisis. APA CEO Arthur C. Evans stated: "Psychological science is clear: detention, deportation, family separation, and the constant threat of such actions create chronic stress that increases anxiety, depression, trauma-related symptoms, and long-term health risks."

The effects ripple out past individual families. Schools see spikes in absences during enforcement operations. A 22% jump in daily absences was documented in early 2025. Families avoid hospitals and clinics. Crime victims stop calling police. In Iowa, after worksite raids, even Latina mothers who were U.S. citizens had higher rates of low-birth-weight babies.

Children don't have to directly witness a raid to be harmed by one. The constant fear of separation is itself traumatic. For the roughly 6 million U.S.-citizen children living with at least one undocumented family member, that fear is their daily reality.

This documented psychological harm is exactly why immigration psychological evaluations exist, and why they matter so much in immigration court. They translate lived trauma into clinical evidence that judges use to make decisions.

What protections does California law provide?

California has the strongest immigrant protections of any state in the country. These laws don't stop ICE from operating in California. Federal agents can still make arrests. But California law keeps state and local resources (police, databases, facilities) from being used to help federal immigration enforcement.

The California Values Act (SB 54)

California's landmark sanctuary law, signed in 2017. Under SB 54 (Government Code Sections 7284 through 7284.12), state and local police cannot:

  • Ask about your immigration status
  • Hold you in jail past your release date just so ICE can pick you up
  • Share your personal information (home address, work address) with ICE
  • Use personnel, money, or facilities to investigate or arrest people for immigration violations

One narrow exception. People convicted of specific serious felonies listed in California Government Code Section 7282.5 can still be turned over to ICE; that is the carve-out attorneys argue over when a specific conviction is in play. For most people, though, local police in California cannot act as immigration agents. The Ninth Circuit Court of Appeals upheld SB 54 as constitutional in 2019.

The Immigrant Worker Protection Act (AB 450)

Under AB 450, California employers cannot voluntarily let ICE into non-public areas of the workplace without a judicial warrant. Employers must also notify workers within 72 hours if ICE sends a Notice of Inspection for I-9 employment records. Companies that break this law face fines of $2,000 to $5,000 for a first offense and $5,000 to $10,000 for repeat violations.

The TRUST Act

This law (Government Code Sections 7282 through 7282.5) stops local jails from holding people for ICE past their normal release date, except in cases involving serious or violent felony convictions. In California, a traffic ticket or misdemeanor arrest can't become a pipeline to deportation.

The TRUTH Act (AB 2792)

Before ICE can interview anyone in local custody in California, the agency must provide a written consent form in multiple languages explaining that the interview is voluntary and that the person can say no or have an attorney present.

New protections taking effect in 2026

  • SB 48 restricts ICE access to school campuses. Enforcement officers must present valid identification and a warrant before entering non-public school areas. Schools must notify the community when enforcement occurs on campus.
  • AB 495 (Family Preparedness Plan Act) created joint guardianship so parents can nominate backup caregivers without losing parental rights.
  • AB 1261 (2025, effective January 1, 2026) requires California to provide legal counsel to unaccompanied undocumented minors placed in federal immigration removal proceedings.

State funding for legal defense

California has committed over $125 million in ongoing state funding for immigration legal services. In February 2026, Governor Newsom authorized an additional $35 million in emergency funding for local nonprofits providing deportation defense and basic needs to affected families. The result: more free attorneys in California than in almost any other state.

Remember the key distinction

California's laws protect you from state and local police cooperation with ICE. They don't stop ICE from operating on its own. Federal agents can still make arrests in California. But they have to do it with their own people, their own warrants, their own resources. California won't help them.

Are schools, churches, and hospitals still safe?

Not the way they used to be. That's a painful change. For over 30 years, a federal policy kept ICE out of "sensitive locations" like schools, hospitals, and churches. The most recent version of that policy, the 2021 DHS Protected Areas memo, told officers to refrain from immigration enforcement at schools, healthcare facilities, places of worship, social service centers, and disaster relief sites. On January 20, 2025, DHS rescinded that policy. The replacement guidance tells officers to use "common sense," with no clear rules about where they can and cannot go.

ICE has since made arrests at churches, near schools, and at courthouses. In Los Angeles, ICE arrested a man at North Hills United Methodist Church in January 2026.

Courts are pushing back. In February 2026, Judge F. Dennis Saylor IV in Massachusetts issued an injunction protecting churches affiliated with the American Baptist Churches USA, Alliance of Baptists, and other denominations. The order blocks ICE from doing enforcement inside churches, at entrances, at religious education and social-service facilities, and within 100 feet of church entrances. In an earlier ruling, Judge Theodore Chuang blocked warrantless ICE enforcement at about 1,400 houses of worship across 36 states.

Some protections still hold everywhere. Plyler v. Doe (1982) guarantees the right to public education regardless of immigration status. HIPAA protects medical information. EMTALA requires hospitals to provide emergency treatment to everyone. And ICE still needs a judicial warrant to enter private, non-public areas of any building.

In California, SB 48 adds new protections for schools starting in 2026. The reality is that no location is completely guaranteed safe anymore. Keep your Know Your Rights card with you everywhere you go.

Where can you get free legal help in California?

Save an attorney's name in your phone before you need it. Don't wait for an emergency to start looking.

National hotlines

EOIR Case Status Hotline

1-800-898-7180

24/7, automated system

ICE Detained Persons Hotline

(855) 448-6903

For victims of crime or unlawfully detained

United We Dream Raid Reporting

1-844-363-1423

Or text 877877

NIJC Detained Immigrants Line

(312) 583-9721

Call collect from detention

California organizations

CHIRLA (Coalition for Humane Immigrant Rights)

(888) 624-4752

Los Angeles / Southern California

CARECEN (Central American Resource Center)

(213) 385-7800

Los Angeles

Legal Aid Foundation of Los Angeles

(800) 399-4529

Free legal help in LA

California Immigration Hotline

1-844-878-7801

Statewide

Public Counsel

(213) 385-2977

Pro bono legal services, LA

Esperanza Immigrant Rights Project

(213) 251-3505

Detained immigrants in California

Asian Americans Advancing Justice

(888) 349-9695

Southern California

Represent LA (LA County)

(800) 593-8222

Legal representation in LA County

California rapid response networks

These are community-run hotlines that send trained legal observers and attorneys straight to the scene of an active ICE operation. Program the number for your area into your phone now.

  • Los Angeles: (888) 624-4752 (CHIRLA)
  • San Francisco: (415) 200-1548
  • San Diego: (619) 536-0823
  • Santa Clara County: (408) 290-1144
  • Alameda County: (510) 241-4011
  • Sacramento / NorCal: (916) 382-0256
  • Orange County: (714) 881-1558
  • Inland Empire: (909) 361-4588
  • Central Valley: (559) 206-0151
  • PaseLaVoz Statewide ICE Alerts: (415) 715-9990

Know Your Rights cards

Print these, laminate them, and carry them at all times. Keep one by your front door. Put one in your glove compartment. The ACLU also offers downloadable phone lockscreen images so your rights are visible without unlocking your phone.

Online legal directories

Real cases, what people did right (and wrong) when ICE arrived

Three composite cases below. Names and identifying details are changed; the facts about administrative warrants, judicial warrants, the Fourth Amendment, and California's Values Act are accurate to current law.

Rosa, 41, Mexico, refused entry without a judicial warrant, family stayed together

Rosa lives in a duplex in Pacoima with her husband and two U.S. citizen children. At 6:14 a.m., two Immigration and Customs Enforcement (ICE) officers knocked on her door and called her name. Rosa had practiced what to do at a community workshop the year before. She did not open the door. She spoke through it: "I do not consent to your entry. I am exercising my right to remain silent. Please slide any warrant under the door." The officers slid a paper under the door. The paper said "Department of Homeland Security" at the top and was signed by a deportation officer, not a judge.

Rosa took a photo of the paper through the gap under the door, then called her local rapid response hotline. The officers waited about twenty minutes, knocked twice more, and left. Rosa kept the photo, which her attorney later used in a motion documenting the encounter. No one in the household was detained that morning.

Outcome: The paper was a Form I-200 administrative warrant. ICE officers had no judicial authority to enter without consent, and Rosa's refusal kept her family in their home. She later met with an attorney who began work on her cancellation of removal case based on her qualifying U.S. citizen children.

Daniel, 29, Honduras, opened the door under pressure, detained the same morning

Daniel was getting his daughter ready for school when ICE knocked. The officers said his name and added, "We just need to ask a few questions, you are not in trouble." Daniel was scared and tired. He cracked the door open to see who was there. The officers stepped forward into the doorway. One of them said, "Thanks for letting us in." Daniel had not invited them in, but the officers later wrote in their report that he "consented to entry."

Inside the home, the officers asked Daniel where he was born. He answered honestly. He signed a paper an officer pushed in front of him without reading it carefully. The paper was a Form I-826 stipulated removal request. Daniel was taken into custody and transported to the Adelanto facility. His daughter was left with a neighbor.

Outcome: Daniel's attorney later filed a motion to suppress, arguing that the entry was non-consensual under Payton v. New York, 445 U.S. 573 (1980), and that the I-826 was signed under duress without an attorney present. The case is still pending. The lesson Daniel asks us to share with others: do not open the door, and never sign anything without a lawyer.

The Vasquez family, San Bernardino, used a written family preparedness plan and protected their U.S. citizen children

Patricia and her husband Hector are both undocumented. Their three children, ages 12, 9, and 4, are U.S. citizens. Six months before the encounter, Patricia attended a Know Your Rights training at her parish and built a written family preparedness plan. The plan named Patricia's sister Yolanda (a U.S. citizen) as the designated caregiver under California's Caregiver's Authorization Affidavit. It listed two attorney phone numbers, the children's school information, and instructions to look up any detained relative on the Online Detainee Locator at locator.ice.gov.

When ICE arrived at their home one Saturday morning, Patricia and Hector did not open the door. They followed the script and asked for any warrant to be slid under the door. The paper produced was an administrative warrant. ICE left. The family then took the proactive step of calling Yolanda and reviewing the plan together that afternoon. Two weeks later, Hector was detained at his workplace. Yolanda activated the plan within three hours. The children were collected from school by their pre-designated emergency contact, and Patricia called the rapid response hotline that same evening.

Outcome: Hector posted bond after a hearing. He received release on conditions while his cancellation of removal case proceeds. The U.S. citizen children never entered the foster care system because the Caregiver's Authorization Affidavit was already on file with their school and pediatrician. Patricia tells other families that the plan is what gave her family the few hours of clarity that mattered most.

How can a psychological evaluation help if you are detained?

If you or a family member ends up in immigration proceedings, a psychological evaluation by a licensed psychologist can be some of the strongest evidence in your case. Immigration judges and USCIS officers trust these evaluations because they're built on clinical tools and diagnostic standards, not just someone's personal story.

In a Physicians for Human Rights study of 2,584 asylum cases (Atkinson et al., 2021, Journal of Forensic and Legal Medicine), cases that included a psychological evaluation were granted at 81.6%, compared to the 42.4% national asylum grant rate during the same period. The association is correlational, and was observed in asylum cases specifically.

Here's how evaluations help across different case types:

Asylum claims: The evaluation documents post-traumatic stress disorder (PTSD), depression, and anxiety tied to the persecution that forced you to flee. It also explains to the judge why trauma survivors may have trouble telling their story clearly or remembering exact dates. Fragmented memory is a symptom of trauma, not a sign of dishonesty. A good evaluation turns what looks like a weakness into clinical evidence.

Hardship waivers (I-601/I-601A): These cases require proving that a U.S. citizen or permanent resident family member would suffer "extreme hardship" if you were deported. The evaluation documents the family member's mental health conditions and how separation or relocation would make them worse. Letters from family can describe the emotional pain. A clinical evaluation with standardized testing scores and Diagnostic and Statistical Manual of Mental Disorders (DSM-5-TR) diagnoses gives adjudicators the objective evidence they need to approve the waiver.

Cancellation of removal: The legal standard here is "exceptional and extremely unusual hardship" to a qualifying U.S. citizen or permanent resident relative. It's the highest bar in immigration law. Personal letters almost never meet it on their own. A thorough evaluation that documents the psychological and developmental impact on children, plus the mental health consequences for a spouse, can be the difference between staying and being deported.

Bond hearings: When someone is first detained, an evaluation that shows their psychological stability, community ties, and the emotional harm detention is doing to U.S.-citizen children can persuade a judge to grant release on bond.

VAWA, U-visa, and T-visa cases: These evaluations document the psychological effects of domestic violence, criminal victimization, or human trafficking. They tie clinical findings to the legal standards that United States Citizenship and Immigration Services (USCIS) adjudicators apply.

The evaluation uses standardized instruments like the PTSD Checklist for DSM-5 (PCL-5), Patient Health Questionnaire (PHQ-9), Generalized Anxiety Disorder scale (GAD-7), and Beck Depression Inventory (BDI-II). These produce objective scores that are much harder for a Department of Homeland Security (DHS) trial attorney to challenge than a personal letter. The evaluator provides DSM-5-TR diagnoses with criteria-by-criteria justification, a full psychosocial history, and a clear bridge from clinical findings to the legal standard in your case.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Immigration law is complex and changes frequently. Consult a licensed immigration attorney for guidance specific to your case. Dr. Julia Mantonya (PSY28494) provides psychological evaluations for immigration cases but does not provide legal advice.

If you or someone you love needs help, we're here

Dr. Julia Mantonya provides complete immigration psychological evaluations for asylum, hardship waivers, cancellation of removal, VAWA, U-visa, T-visa, N-648, competency, and bond hearings. Flat-fee pricing, 5 to 7 day turnaround, and Spanish interpretation included at no extra cost.

Contact Dr. Mantonya

Dr. Julia Mantonya • PSY28494 • Licensed Clinical Psychologist • California Statewide Telehealth

Frequently asked questions

Can ICE enter my home without a warrant?

No. ICE cannot legally enter your home without your permission unless they have a judicial warrant signed by a judge. An ICE administrative warrant (Form I-200 or I-205) is signed by an immigration officer and does not give ICE the right to enter. You can keep your door closed and ask them to slide any paperwork under the door.

What is the difference between an ICE warrant and a judicial warrant?

A judicial warrant is signed by a federal judge and says "United States District Court" at the top. It gives officers the legal right to enter your home. An ICE administrative warrant (Form I-200 or I-205) is signed by an ICE officer and says "Department of Homeland Security" at the top. It does not give officers the right to enter your home without your consent.

Do I have to answer questions if ICE stops me?

No. The Fifth Amendment protects everyone in the United States from self-incrimination, regardless of immigration status. You can say "I am exercising my right to remain silent" and "I wish to speak with an attorney." You do not have to answer questions about where you were born, how you entered the country, or your immigration status.

What should I do if a family member is detained by ICE?

Write down their full name, date of birth, country of birth, and A-number if you know it. Use the ICE Online Detainee Locator to find them. Call an immigration attorney right away. Do not sign any paperwork on their behalf. Contact your local rapid response network for immediate help.

Can ICE arrest me at school or church?

The policy that used to keep ICE away from schools, churches, and hospitals was ended in January 2025. ICE agents can now operate near these locations. However, some federal courts have issued orders blocking warrantless ICE enforcement at specific houses of worship. In California, SB 48 restricts ICE access to school campuses starting in 2026. ICE still needs a judicial warrant to enter private, non-public areas of any building.

What is a Know Your Rights card and where can I get one?

A Know Your Rights card is a small printed card that states your constitutional rights in writing. You can show it to ICE agents instead of speaking. The ILRC Red Card is available in 56 languages. The NILC card is available in 8 languages. The ACLU also offers downloadable phone lockscreen images so your rights are visible without unlocking your phone.

What protections does California law give immigrants?

California has the strongest immigrant protections in the country. The California Values Act (SB 54) stops local police from using their resources for immigration enforcement. AB 450 stops employers from letting ICE into non-public work areas without a judicial warrant. The TRUST Act stops jails from holding people past their release date for ICE. SB 48 restricts ICE access to school campuses. The state has committed over $125 million to immigration legal defense.

Should I sign voluntary departure papers if ICE asks me to?

No. Do not sign any papers without talking to an immigration attorney first. Voluntary departure papers and stipulated removal orders give up your right to see a judge, apply for asylum, or fight your case. Once signed, you may face a 10-year ban on returning to the United States. ICE agents may pressure you to sign quickly. You have every right to refuse.

How can a psychological evaluation help my immigration case?

A psychological evaluation by a licensed psychologist documents trauma, mental health conditions, and hardship using clinical tools and DSM-5-TR diagnoses. Research shows that cases with professional evaluations are granted at 81.6% compared to 42.4% without them (Physicians for Human Rights, 2021). These evaluations are used in asylum, hardship waiver, cancellation of removal, VAWA, U-visa, T-visa, bond hearings, and competency cases.

What is a family preparedness plan?

A family preparedness plan is a written document that tells a trusted person what to do if you are detained. It includes emergency contacts, your immigration attorney's number, your A-number, child custody arrangements, financial instructions, and the location of important documents. In California, a Caregiver's Authorization Affidavit lets a designated adult enroll your children in school and authorize their medical care.

What should I do if ICE arrests me at work?

Stay quiet. The Fifth Amendment gives you the right to remain silent at work the same as at home. You do not have to answer questions about where you were born, how you entered the country, or your immigration status. Do not sign any paperwork. If officers approach you in a public area of the workplace, you can ask if you are free to leave. If the answer is yes, walk away. In California, AB 450 keeps employers from letting ICE into non-public areas (break rooms, offices, back-of-house spaces) without a judicial warrant signed by a judge. If officers force their way in, do not physically resist. Repeat that you do not consent and that you want to speak to a lawyer. Memorize one phone number for an immigration attorney or your local rapid response network and call it as soon as you can. Tell co-workers your full name, date of birth, and country of birth so they can help locate you in the ICE Online Detainee Locator.

Can ICE detain US citizens by mistake?

Yes, and it has happened repeatedly. Government Accountability Office and academic studies have documented hundreds of US citizens wrongfully detained or removed by ICE over the past two decades, often because of database errors, misidentification, or coerced statements. Carry proof of citizenship if you have it: a US passport card fits in a wallet and is the easiest way to end the encounter quickly. If you cannot produce proof on the spot, exercise your right to remain silent, do not sign anything that says you waive your rights, and demand a hearing in immigration court before a judge. Even if you were born outside the United States, you may be a US citizen through a parent under derivative or acquired citizenship rules. Wrongful detention can support a Bivens claim or a Federal Tort Claims Act suit. Document everything: officer names, badge numbers, time and location, and what was said. A psychological evaluation later in the case can document trauma symptoms tied to the wrongful detention if litigation follows.

Disclaimer: This article is for educational purposes only and does not constitute legal or clinical advice. No therapist-client relationship is established by reading this content. For legal advice specific to your case, consult with a licensed immigration attorney. For a professional psychological evaluation, contact Dr. Mantonya.