Index/Topics/Constitutional protections

Constitutional protections

The constitutional protections against discriminatory stops and the role of the courts in enforcing these protections.

Fact-Checks

12 results
Jan 11, 2026
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Do U.S. citizens have to show ID or answer questions for ICE agents?

U.S. citizens are not legally required to carry proof of citizenship, and they retain constitutional protections — including the right to remain silent and protection from unreasonable seizure — when ...

Jan 16, 2026
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If ICE orders you to step out of the car, and you don't do it. Is that a crime?

Refusing an ICE agent’s order to step out of a car is not, in itself, universally defined as a standalone criminal offense—but it can quickly turn into a dangerous encounter, can provide grounds for f...

Jan 11, 2026
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How have courts ruled on wrongful detentions of U.S. citizens by ICE in 2024–2025?

Federal courts in 2024–2025 increasingly rebuked ICE practices that led to the wrongful detention of U.S. citizens, imposing limits on warrantless arrests, detainer practices, and some mandatory-deten...

Jan 14, 2026

What rights do residents have if ICE arrives with an administrative warrant at a workplace?

Residents and workers confronted by ICE with an administrative warrant retain core constitutional and practical protections: they have the right to remain silent and do not have to produce paperwork, ...

Jan 16, 2026

How have courts treated claims of racial profiling in immigration stops after the Supreme Court’s 2025 orders?

The Supreme Court’s September 2025 emergency order paused a federal court’s restraining order that had barred ICE and DHS from using apparent race, language, workplace, or location as bases for immigr...

Jan 9, 2026

What are the differences between green card holder and US citizen rights during ICE encounters?

Green card holders (lawful permanent residents, LPRs) and U.S. citizens both have constitutional protections during encounters with ICE, including the right to remain silent, but the practical legal o...

Jan 16, 2026

How do judicial arrest warrants differ from judicial search warrants in immigration cases?

Judicial arrest warrants and judicial search warrants in immigration-related matters are both court orders signed by a judge or magistrate that authorize law enforcement action based on probable cause...

Jan 16, 2026

is it a crime to not follow orders from ICE

Refusing to follow an order from an ICE agent is not automatically a separate federal crime in every situation, but refusal can create legal risk depending on the circumstances — for example, if the c...

Jan 15, 2026

Which parts of Judge Engoron’s injunctions were left intact after the Appellate Division ruling, and how are they being enforced?

The Appellate Division vacated the large monetary penalty Judge Arthur Engoron imposed but left intact most of Engoron’s non‑monetary injunctive relief — including restrictions on who may run Trump’s ...

Jan 14, 2026

What steps should noncitizen witnesses take during ICE encounters to protect themselves and others?

Noncitizen witnesses should prioritize safety, know and assert constitutional protections (especially the right to remain silent), avoid physically obstructing enforcement, document details if it is s...

Jan 13, 2026

Which federal statutes and regulations define the arrest and search powers of ICE special agents and ERO officers?

Federal arrest and search powers for ICE officers flow primarily from the Immigration and Nationality Act (INA) as codified at 8 U.S.C. §1357 (often cited as INA §287) and from DHS regulations that im...

Jan 9, 2026

What are the rights of noncitizens and U.S. citizens when approached by ICE in public?

When ICE agents approach someone in public, the encounter can be a consensual conversation, a brief investigative detention based on reasonable suspicion, or an arrest — and the rights a person has de...