ICE in NYC: Your Rights if Stopped or Detained

If you live in New York City and are worried about immigration enforcement, it’s important to understand how the United States Immigration and Customs Enforcement (ICE) is operating here and what your rights are if you are stopped, questioned, or detained. As immigration attorneys in Queens, the deportation/removal defense lawyers at Gladstein & Messinger, P.C., see firsthand how knowing your rights can change the outcome of a case, while a lack of counsel or preparation can make it far worse.

What’s Going On in NYC? Recent ICE Activity & Trends

New data show that ICE’s presence and enforcement actions in New York City have seen a marked uptick in recent months. For example:

• Immigration arrests in New York take place mostly at the courthouse rather than on the street. Over the summer, NYC was home to about half of all U.S. immigration-court arrests by ICE in the country.
• In the NYC area, it’s been reported that approximately 35% of people arrested by ICE had no criminal history, instead being taken for immigration-status reasons alone.
• Since January 20, 2025, ICE lodged 6,025 detainer requests in NYC,  representing a more than 400% increase over the comparable period during the previous administration.
• ICE carried out a targeted enforcement operation in the NYC area from April 6–12 that resulted in 206 arrests of non-citizens.

These figures underscore a clear message: ICE is more active than ever in NYC, including in courthouses, at check-ins and community sites, and using detainers to coordinate with local law enforcement. Being “underground” is no longer a guarantee of safety.

What Happens If You Are Stopped or Detained by ICE?

If you are confronted by ICE agents or believe you might be, it’s critical to know your rights and to act intentionally. Below is a look at what you should know and what you should avoid doing.

Your Rights

1. Right to remain silent: You are not required to answer questions about your immigration status or where you were born. You can politely decline to answer and ask to speak with a lawyer.

2. Right to a lawyer: Even though immigration proceedings are civil (not criminal), you have the right to be represented by an attorney at your expense. It is one of the most important protections you have.

3. Right to refuse consent to a search: Unless the agents have a valid judicial warrant or you are being legally arrested, you may ask them to step back and show their warrant. Do so politely.

4. Right to see paperwork: If you are being detained, you may have the right to be shown documents charging you as removable, or entering into your file.

5. Right to contact family and your attorney: Once detained, you should ask to call your attorney or a family member. The sooner you do so, the better.

What You Should Not Do

• Don’t resist physically or make a scene. That can lead to criminal charges.
• Don’t say you are a U.S. citizen if you are not. That often triggers fraud investigations.
• Don’t sign any document without reading it (or having your lawyer review it). It may waive your rights.
• Don’t believe promises of release or “just voluntary departure” unless confirmed in writing by your attorney.

Why Legal Representation Is Essential

In the NYC immigration-enforcement climate, having an attorney isn’t optional; it is essential. Here’s why:

• With ICE ramping up detainers and arrests even at courthouses, having counsel means you have someone tracking what agents are doing, reviewing your file ahead of time, and preparing your defense or bond argument.
• Immigration court and removal-defense proceedings are full of procedural pitfalls. Missing a deadline or failing to submit a legal relief application can mean automatic removal.
• Studies and local reports show that people without attorneys are far less likely to secure release or relief than those who have legal representation. In NYC, where arrests of non-criminals are high, the risk for someone without representation is especially acute.
• An attorney can challenge the legality of your detention, file motions to reopen or remand your case, prepare applications for asylum or cancellation of removal, and provide you with informed advice tailored to your history and exposure.

Tips for Anyone Who May Be at Risk

• Keep important documents safe: Things like your passport, visas, work authorization, any immigration-court notices, and a list of contacts are critical.
• Establish a relationship with a trusted attorney now: Even if you’re not currently in removal proceedings, having an immigration lawyer you trust means you’re prepared if ICE shows up.
• Avoid check-in surprises: ICE has increasingly used routine check-in appointments (for green-card renewal, immigration court, etc.) to make arrests. Go with your lawyer if possible.
• Know local resources: NYC has legal-aid organizations and pro bono programs that can assist immigrants. Even if you hire a private attorney, these community networks can offer support or referrals.
• Stay calm and comply (while protecting your rights): If ICE shows up, remain calm, ask for a warrant, never lie, and ask to consult your lawyer.

Contact Gladstein & Messinger for Immigration Help in New York

If you live in New York City and are undocumented or have a pending immigration issue, you must treat ICE’s increased activity as urgent. The statistics show that NYC is a hotspot for arrests and detainers, and many of those arrested are not criminals but individuals whose only issue is immigration status. Whether you are checking in for immigration court, working at a jobsite, or simply at home, it’s wise to be prepared.

At Gladstein & Messinger, P.C., we defend individuals in removal proceedings and represent clients confronted by ICE. If you or someone you know is at risk of detention or arrest, contact us immediately. The sooner you get legal representation, the stronger your chance of staying in the U.S. and protecting your family, job, and future.

This blog post is for informational purposes only and does not constitute legal advice. For personal legal guidance, please contact Gladstein & Messinger, P.C.

Top