What steps should a U.S. citizen take immediately if ICE begins detaining them despite showing a passport card?
Executive summary
When Immigration and Customs Enforcement (ICE begins detaining someone who has presented a U.S. passport card, the immediate priorities are to assert and document citizenship, avoid statements or signatures that can complicate release, and secure legal help—because, while citizens cannot lawfully be deported, ICE agents have in practice continued custody until citizenship is proven or counsel intervenes [1] [2]. Practical steps—calmly show valid ID, invoke the right to remain silent, request a supervisor, record if it is safe to do so, and contact a lawyer or trusted person—are supported across advocacy and legal sources [3] [4] [5].
1. Calmly present proof of U.S. citizenship and insist on its acceptance
A passport card or passport is a primary form of proof and should be shown clearly and without agitation; advocacy groups advise carrying and presenting such documentation to end wrongful detentions quickly [3] [6], but agencies have acknowledged that custody sometimes continues if citizenship “can’t be quickly proved” even after documents are shown, so persistence matters [1] [2].
2. Invoke the right to remain silent — do not volunteer explanations
Legal resources emphasize that anyone being detained has the right to remain silent and need not answer questions about birthplace or immigration history; giving extra information can complicate the situation, whereas limiting responses (name and citizenship assertion) reduces risk [4] [7].
3. Refuse to sign anything and request counsel immediately
Do not sign forms or waivers without a lawyer present, because signing can inadvertently surrender rights or change immigration options, and the government does not provide a free lawyer in immigration matters, so insist on contacting counsel and request a list of low-cost or pro bono services if needed [5] [8].
4. Record the encounter and document details if it’s safe to do so
If safety and circumstances permit, record the interaction or write down names, badge numbers, times, locations and the agent’s statements; civil-rights and immigrant-advocacy organizations encourage documentation but caution against interfering with officers [3]. Be aware that presenting original passports may sometimes lead to confiscation or loss in the confusion, a risk flagged by reporters and advocates [9].
5. Ask for a supervisor and raise identification issues (including Tribal IDs)
If an agent refuses to accept valid U.S. identification, request a supervisor and explicitly state the nature of the ID—Tribal IDs and state-issued IDs can establish U.S. citizenship yet are occasionally not recognized by officers, so escalating within the agency is a documented remedy [4] [1]. Simultaneously, calmly demand to know the legal basis for the detention or the warrant authorizing further custody.
6. Activate outside help: call a lawyer, family member, or trusted advocate
Contact an attorney immediately and, if possible, have a family member or friend prepare additional proofs (birth certificate, naturalization papers, copies of passport) and press for intervention; attorneys and advocates have in many cases secured release faster than alone, because ICE may hold someone until proof or counsel is produced [2] [6]. Remember that legal-aid groups can advise on next steps and on pursuing redress if the detention was wrongful [5].
7. If taken into custody, keep asserting citizenship and document the process
If custody occurs despite presenting a passport card, continue to assert U.S. citizenship, request written reasons for detention, keep a record of all communications and demands, and insist on access to counsel and to phone calls—these steps preserve the record needed for legal challenge or civil-rights claims later [1] [5]. Where reporting is silent or inconsistent about specific local procedures, legal counsel should be the source for jurisdiction-specific advice.