Your Rights

Knowledge is power. Know your Constitutional rights.

Disclaimer: This is not legal advice. If you have specific questions, you should consult with a lawyer.

Constitutional rights in the United States extend to everyone, no matter a person’s immigration status. If you encounter ICE or observe immigration enforcement activity, stay calm and remember these fundemanetal protections:

  • You have the right to remain silent. You are not required to answer questions about your immigration status, your place of birth, or how you entered the country.

  • You have the right to refuse entry to your home. Immigration enforcement agents cannot enter your home without a warrant signed by a judge. If agents knock on your door, ask them to slide their warrant under the door or hold it up to a window as opposed to opening the door. If a warrant is only signed by an immigration officer, you do not have to let them in.

  • You have the right to an attorney. Even if agents pressure you, never sign a document before speaking with an attorney. Please note that in immigration cases, unlike criminal, you are not entitled to a state appointed lawyer; however, you still have the right to seek legal representation.

For more information about your rights, including what to do if you are detained by ICE, visit the Colorado Immigrant Rights Coalition website for additional resources.

Reporting ICE Activity

If you encounter ICE in your community, call the Colorado Rapid Response Network hotline at 1-844-864-8341 as soon as possible. Hotline dispatchers will mark the location and record details and connect with impacted individuals to help find local legal aid and support networks, as well as send trained legal observes if necessary.

Have a Plan

Preparation is imperative if you or a family member is at risk of being detained by ICE.

-Create a family safety plan. Include power of attorney, childcare arrangements, and who will care for dependents. You can find templates through the Colorado Immigrant Rights Coalition.

-Keep track of important documents. Store important documents, such as ID card, drivers license, birth certificate, social security card, medical records, immigration papers, emergency contacts and other documents in a safe place where trusted people can find.

-Memorize important phone numbers. You may not have access to your phone while detained.

-Be aware that ICE often transfers detainees to sites outside of Colorado. This can make it difficult for family and legal representatives to contact detainees.

-The bond hearing situation is uncertain. While federal courts have ruled that denying bond hearings is unlawful, immigration judges are still being directed to deny hearings. Whether you get a hearing or not may depend on your specific situation and immigration judge. To navigate this, it is essential to have immediate legal representation.

-Don’t wait for an emergency to connect with an immigration attorney. The Rocky Mountain Immigrant Advocacy Network offers free legal help. (303-433-2812). Before hiring an immigration attorney, ensure that they are members of the American Immigration Lawyers Association. Search AILA members at ailalawyer.com.

If You Are Approached by ICE

  • Stay Calm: You have the right to remain silent. Do not answer questions about your immigration status or where you were born. Simply say, “I choose to remain silent.”

  • Do Not Open the Door: ICE cannot enter your home without a valid judicial warrant signed by a judge. Ask them to slide the warrant under the door or show it through a window. Be aware that recent ICE operations in Colorado have involved large-scale raids without judicial warrants, with agents going door-to-door and questioning residents about citizenship status indiscriminately. ICE officers may attempt to force entry even without proper warrants, though this would be a constitutional violation that could be challenged through a federal civil rights lawsuit.

  • Do Not Sign Anything: Do not sign any documents without speaking to a lawyer, even if they are in your language.

If ICE Detains You

  • Ask for a Lawyer: You have the right to legal representation. Do not answer questions without your attorney present. Note that bond hearings have been eliminated for many immigrants under new detention directives, making immediate legal representation even more critical.

  • Memorize Key Information: Keep important phone numbers, such as your attorney or an emergency contact, memorized in case you lose access to your phone. Be aware that ICE may transfer detainees to facilities far from Colorado, potentially even out-of-state, making it critical to stay in contact with attorneys and monitor cases closely.

  • Request Your Rights: Ask for an interpreter if you do not speak English.

If ICE Visits Your Workplace

  • Stay Calm: You have the right to remain silent. Do not answer questions about your immigration status or where you were born.

  • Do Not Sign Anything: Never sign documents without consulting a lawyer, even if they are in your language.

  • Ask for a Warrant: ICE must present a valid judicial warrant signed by a judge to enter private areas of the workplace. Without a warrant, they can only enter areas open to the public. Be aware that worksite enforcement has resumed with unprecedented intensity, with ICE agents now stationing themselves at business exits during administrative inspections, detaining fleeing employees without warrants.

  • Request an Attorney: You have the right to legal representation and should ask to speak to an attorney before answering any questions.

Rights in the Workplace

  • Your Immigration Status: Your employer cannot fire you, threaten you, or discriminate against you based on your immigration status unless required by federal law.

  • Confidential Documents: Employers must keep employee immigration documents confidential and cannot share them with ICE unless required by law.

  • Refusing to Consent: You are not required to consent to a search of your personal belongings, such as lockers or desks, unless ICE has a valid warrant.

    What Employers Should Know

  • Verify Warrants: Employers are not obligated to let ICE agents into private areas or provide access to employee records unless presented with a judicial warrant.

  • Protect Employee Rights: Employers can and should inform workers of their rights. Providing Know Your Rights training can help employees feel prepared and supported.

  • Contact Legal Help: Employers can reach out to organizations listed in the Legal & Community Resources section for assistance if ICE activity occurs at their workplace.

Legal Protections for Students

-Right to Education: Plyler v. Doe guarantees all children the right to attend public schools, regardless of immigration status. Schools cannot deny enrollment based on a student’s or parent's status.

-FERPA Protections: Under the Family Educational Rights and Privacy Act (FERPA), schools cannot release student records or personal information to ICE without a judicial warrant or parental consent.

-Changes to Sensitive Locations Policy: Schools are no longer automatically considered "sensitive locations" where immigration enforcement is restricted​. While enforcement actions may still require specific legal approval, the previous federal guidelines limiting ICE presence at schools have been rescinded.

How to Respond to ICE at Schools

If ICE agents arrive at a school, staff should:

-Notify the District Administrator Immediately

-Request Identification and a Warrant: ICE must present official identification and a judicial warrant (not an administrative one) to enter non-public areas of the school. Under Colorado's SB25-276, this warrant requirement is backed by state law with civil penalties up to $50,000 for violations.

-Do Not Share Student Information: Family Educational Rights and Privacy Act (FERPA) protects student records; do not release information without proper legal authorization.

-Minimize Disruptions: Follow district protocols to ensure a calm and professional response while keeping students safe.

Support for Families

-Clear Communication: Schools should proactively inform families about their rights and school policies regarding immigration enforcement. Families should be informed about Colorado's specific state-level protections that require judicial warrants for ICE access to non-public school areas.

-Emergency Contact Planning: Schools should encourage parents to update emergency contacts to ensure children can be picked up by a trusted adult if needed.

-Know Your Rights Training: Schools can provide families with Know Your Rights materials from trusted organizations like the Colorado Immigrant Rights Coalition (CIRC).

Recommended School Policies

-District-Led Response: Ensure all ICE interactions go through district legal counsel before any action is taken.

-Staff Training: Conduct regular training on handling immigration-related situations while upholding student protections.

-Privacy Policies: Reaffirm commitments to student data protection and establish clear guidelines for handling inquiries from federal agencies. Schools must adopt specific policies by September 1, 2025, under Colorado law governing ICE access and information sharing.

Employer Responsibilities and Worker Protections

Employers should be aware of the following legal guidelines:

  • Non-Discrimination Laws: Employers cannot fire, retaliate against, or discriminate against workers based on suspected or actual immigration status.

  • Form I-9 Compliance: Employers are required to verify work authorization for all employees but cannot request additional or different documents beyond what is legally required.

  • No Obligation to Provide Employee Information: Employers are not required to provide employee records or access to ICE agents unless presented with a valid subpoena or warrant.

What to Do If ICE Comes to Your Business

If ICE agents arrive at your workplace, take the following steps to ensure compliance while protecting employees’ rights:

Verify ICE’s Authority

  • Ask the agents for identification and the purpose of their visit.

  • Request a judicial warrant signed by a judge.

  • Administrative warrants (such as Form I-200 or I-205) do not give ICE the authority to enter non-public areas of your business or detain employees.

Limit Access to Non-Public Areas

  • ICE cannot enter private areas of a business without a judicial warrant.

  • If agents do not have a valid warrant, you can refuse entry beyond public areas.

Do Not Provide Employee Information Without Legal Review

  • Unless ICE has a subpoena or court order, you are not required to share employee records.

  • If presented with a subpoena, consult an attorney before responding.

Notify Legal Counsel and Employees

  • Contact your company’s legal team or a trusted immigration attorney immediately.

  • If ICE attempts to question employees, remind them that they have the right to remain silent and do not have to answer questions about their immigration status.

Document the Interaction

  • Take notes on what ICE agents say and do, including any documents they present.

  • If possible, have a manager or attorney present to oversee the process.

Best Practices for Employers

To ensure compliance and protect your workforce, consider the following proactive measures:

  • Train Managers and Staff: Educate supervisors and HR personnel on how to handle ICE visits and employee rights.

  • Establish Workplace Policies: Develop clear internal procedures for responding to ICE, including a designated point of contact for immigration enforcement issues. Designate immigration compliance officers and train staff on warrant verification procedures.

  • Communicate with Employees: Ensure workers understand their rights and provide Know Your Rights materials in multiple languages.

  • Work with Legal Experts: Consult an immigration attorney to review your policies and ensure your business is compliant with federal and state laws. Given the current enforcement environment, establish relationships with immigration attorneys before any ICE contact occurs.

  • Protect Employee Safety: Consider developing protocols to ensure employee safety during any ICE visits, including designating safe areas and communication procedures.