What Is ICE? A Guide for Immigrants and Their Families

What Does ICE Stand For?

ICE stands for U.S. Immigration and Customs Enforcement — the official name of the agency is United States Immigration and Customs Enforcement, and it is one of the largest federal law enforcement agencies in the country.

ICE was created in March 2003 as part of the Homeland Security Act of 2002, a major reorganization of the federal government following the September 11 attacks. Before ICE existed, immigration enforcement was handled by the Immigration and Naturalization Service (INS). When the Department of Homeland Security (DHS) was created, the INS was dissolved and its functions were split between several new agencies — including ICE.

Today, ICE operates under the U.S. Department of Homeland Security and is headquartered in Washington, D.C. It has offices and detention facilities throughout the entire United States. The White House, through its political appointees, plays a significant role in shaping ICE’s policies and public image. Some political appointees in their 20s are responsible for running ICE’s publicity campaigns, which have been criticized for provocative and nationalist messaging.

It is important to understand that ICE is not the same as:

• CBP (Customs and Border Protection / Border Patrol) — which focuses on the border itself and ports of entry
• USCIS (U.S. Citizenship and Immigration Services) — which processes immigration applications like green cards, work permits, and citizenship

ICE is the agency responsible for immigration enforcement inside the United States — and in 2026, it is more active than it has been in decades. ICE is also a customs enforcement agency, with a dual role in both immigration and customs enforcement, handling investigations related to customs violations as well as immigration control.

What Does ICE Do? The Two Main Divisions

ICE has two primary operational divisions. Understanding the difference between them matters — because they affect immigrant communities in very different ways.

2.1 Enforcement and Removal Operations (ERO)

ERO is responsible for identifying, arresting, detaining, and removing undocumented immigrants from the United States. ERO employs deportation officers who are specifically tasked with arresting, detaining, and removing undocumented immigrants, as well as executing removal orders and apprehending fugitives.

2.2 Homeland Security Investigations (HSI)

HSI investigates a wide range of criminal activities, including human trafficking, drug smuggling, and immigration-related crimes. HSI employs special agents, often referred to as HSI special agents, who conduct criminal investigations, carry out tactical operations, and have specialized training in federal law enforcement activities.

Enforcement and Removal Operations (ERO) — The Division Most Immigrants Know

Enforcement and Removal Operations (ERO) is the ICE division most directly affecting immigrants and mixed-status families. ERO is responsible for identifying, arresting, detaining, and removing individuals who violate immigration law. Its deportation officers conduct enforcement operations, manage detention facilities (holding an all-time high of 73,000 people as of January 2026), and coordinate deportations. ERO’s operations have significantly expanded in 2026, reaching into cities, neighborhoods, and previously off-limits locations.

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Homeland Security Investigations (HSI) — The Criminal Investigation Division

Homeland Security Investigations (HSI) is ICE’s criminal investigation arm, employing special agents to target transnational criminal and terrorist networks. It investigates serious federal crimes, including human trafficking, drug smuggling, money laundering, and cybercrime. HSI agents work with prosecutors on criminal cases and are distinct from ERO immigration enforcement officers. Importantly, HSI is the division that issues law enforcement certifications for U visa and T visa applicants, helping individuals who have suffered from crimes, forced labor and trafficking victims seek immigration protection. 

ICE vs. Border Patrol: What’s the Difference?

Many people use “ICE” and “Border Patrol” interchangeably — but they are two separate agencies with different roles, different legal authorities, and different geographic focuses.

	ICE	Border Patrol (CBP)
Full Name	Immigration and Customs Enforcement	Customs and Border Protection
Focus	Interior enforcement (inside the U.S.)	Border enforcement (at and near the border)
Where They Operate	Anywhere in the United States	Within 100 miles of any U.S. border
Who They Target	People already inside the U.S.	People attempting to cross the border
Key Role	Arrests, detention, deportation	Border security, port of entry inspection (Border Patrol agents are law enforcement personnel who operate along the U.S. borders and are distinct from ICE officers.)

Why does this matter? Because if you live in Texas, Florida, California, or any state that borders another country — or even if you live within 100 miles of any U.S. border or coastline — you may encounter both agencies. Both have increased their enforcement activity significantly in 2026.

What Powers Does ICE Have? What Can They Do?

Does ICE Have the Same Power as Police?

ICE has significant federal law enforcement powers — but they are not the same as local police. Here is what you need to know:

ICE is a federal agency. Its authority comes from federal immigration law — not state or local law. This means ICE enforces federal immigration rules, not state criminal laws.

ICE can arrest people for civil immigration violations. Being in the U.S. without authorization is a civil violation — not a criminal one. ICE has the authority to arrest and detain people for civil immigration violations without a criminal warrant.

ICE does NOT have general criminal law enforcement authority. ICE cannot investigate a robbery, a car accident, or a domestic dispute — those are matters for local police. ICE’s authority is specifically tied to immigration and customs law.

Local police are not always required to cooperate with ICE — but this is changing rapidly. In 2026, ICE signed more than 1,427 agreements with state and local law enforcement agencies under Section 287(g) of the Immigration and Nationality Act — a dramatic increase from 135 agreements in December 2024 [2]. These agreements allow local police to perform immigration enforcement functions.

What does this mean for you? In many communities, a traffic stop, a minor criminal charge, or even a call to 911 could now result in contact with ICE. This is a significant change from prior years and one that immigrant families need to understand.

Where Can ICE Operate?

ICE can operate anywhere in the United States — there are no geographic limits on their jurisdiction inside the country.

This is different from Border Patrol, which primarily operates within 100 miles of any U.S. border. ICE can — and does — conduct enforcement operations in cities far from the border, including Chicago, Minneapolis, New York, and Los Angeles. ICE operations and protests have also occurred in major cities such as Minnesota and Los Angeles.

Protests against ICE have emerged across the nation, particularly in response to its aggressive tactics and the separation of families during deportation processes. The Occupy ICE movement began in 2018 as a response to the agency’s policies and has spread to multiple cities across the U.S.

Can ICE Enter Your Home Without a Warrant?

This is one of the most important things you can know. The answer is: No — ICE cannot enter your home without a judicial warrant signed by a federal judge, or without your consent.

But there is a critical distinction that ICE officers sometimes blur — and that you need to understand clearly.

The Difference Between a Judicial Warrant and a Deportation Order

There are two very different documents that ICE may present at your door:

A judicial warrant is signed by a federal judge. It gives ICE the legal authority to enter your home. This is a real warrant under the Fourth Amendment.

A deportation order (also called an “order of removal”) is signed by an immigration judge — not a federal judge. It does NOT give ICE the authority to enter your home without your consent.

ICE officers sometimes present deportation orders and imply they have the right to enter. This is not accurate. A deportation order is not a judicial warrant.

What to do if ICE comes to your door:

1. Do not open the door. You can speak through the door without opening it.
2. Ask clearly: “Do you have a judicial warrant signed by a federal judge?”
3. If they say yes, ask them to slide it under the door or hold it up to a window.
4. Check the warrant carefully: It must have your correct name and address AND be signed by a federal judge — not an immigration judge.
5. If they do not have a judicial warrant, say clearly: “I do not consent to you entering my home.”
6. Do not sign any documents without speaking to an attorney first.

What If ICE Is Already Inside Your Home?

If ICE enters — whether because a family member opened the door or for any other reason — here is what to do:

• Remain calm. Do not run, do not argue, do not physically resist.
• Say clearly: “I am exercising my right to remain silent. I want to speak with an attorney.”
• Do not answer questions about where you were born, how you entered the U.S., or your immigration status.
• Do not sign any documents — including voluntary departure forms — without speaking to an attorney.
• Try to memorize or write down the officers’ names and badge numbers.
• Contact an attorney as soon as possible. Call Alonso & Alonso at 1-855-663-4763.

What Are Your Rights When Encountered by ICE?

Regardless of your immigration status, you have constitutional rights in the United States. These rights do not disappear when ICE shows up. During encounters, ICE may attempt to determine your citizenship status, sometimes using data collection and surveillance technologies for this purpose. Knowing your rights — and using them calmly — can make a real difference.

Right #1 — You Have the Right to Remain Silent

The Fifth Amendment right to remain silent applies to everyone in the United States — regardless of immigration status. You do not have to answer questions about where you were born, how you entered the U.S., or your immigration status.

The safest thing to say: “I am exercising my right to remain silent. I want to speak with an attorney.”

You do have to provide your name if asked — but nothing more.

Right #2 — You Have the Right to Speak With an Attorney

Everyone has the right to speak with an attorney before answering questions or signing documents. Unlike criminal cases, the government does not have to provide you with a free attorney in immigration proceedings — but you have the right to hire one at your own expense.

Do NOT sign any documents without speaking to an attorney first. ICE may present documents that waive your rights or agree to voluntary departure. Signing these can have serious, permanent consequences for your case and your future.

Call Alonso & Alonso at 1-855-663-4763 for a free, confidential evaluation.

Right #3 — You Have the Right to Refuse Entry to Your Home

As described above, you do not have to open the door for ICE unless they have a judicial warrant signed by a federal judge. A deportation order is not enough.

Consider preparing a “know your rights” card to keep near your front door — with the steps to follow if ICE comes to your home.

Right #4 — You Have the Right to Remain Calm and Document the Encounter

Stay calm. Do not run, do not argue, do not physically resist — even if you believe the stop or arrest is unlawful.

If it is safe to do so, note the officers’ names, badge numbers, and the agency they represent. If others are present, ask them to witness what happens. In many states, it is legal to record law enforcement officers in public spaces — but do not let recording interfere with the encounter.

Who Is ICE Deporting? Who Is Most at Risk?

This is the question many families are asking right now. ICE’s stated mission is to conduct criminal investigations, enforce immigration laws, preserve national security, and protect public safety, with enforcement priorities often justified on these grounds. The honest answer is that in 2026, the risk is broader than it has been in many years.

ICE Enforcement Priorities in 2026

Historically, ICE used “enforcement priorities” to focus resources on people with serious criminal convictions or recent border crossings. That framework has changed significantly.

Under the current administration, ICE is no longer limiting enforcement to specific priority categories. Anyone who is in the U.S. without authorization may be subject to enforcement — regardless of how long they have lived here, their family ties, or their contributions to the community.

As of early 2026, nearly 69,000 people were in ICE detention — and the administration has reported a daily arrest quota of 3,000 people [3]. According to the American Immigration Council, there has been a 2,450% increase in the number of people with no criminal record held in ICE detention compared to January 2025 [1].

The groups facing the highest risk in 2026 include:

• People with prior orders of removal (deportation orders)
• People with criminal convictions — even minor offenses
• People who have recently entered without authorization
• People who have missed immigration court hearings
• People who have been previously deported and re-entered
• In 2026, increasingly: long-term residents with no criminal history

If you are worried about your situation, the most important thing you can do is speak with an immigration attorney as soon as possible — before something happens, not after. Many people have more legal options than they realize.

Mixed-Status Families: What Happens to U.S. Citizen Children?

This is a reality that thousands of families across the country are living right now. One or more parents may be undocumented while children are U.S. citizens. U.S. citizen children cannot be deported — but their parents can be.

In 2026, ICE has in some cases detained parents in front of their children. This is traumatic, and it is real.

Prepare now, before an emergency:

• Designate a trusted person who can care for your children if you are detained
• Make sure your children know what to do and who to call
• Keep important documents — birth certificates, school records, passports — in a safe, accessible place
• Speak with an immigration attorney to explore any available legal options

How Long Can ICE Hold You? Understanding Immigration Detention

Civil Immigration Detention vs. Criminal Jail

Immigration detention is technically civil, not criminal — meaning people are held for violating immigration law, not for committing a crime. However, immigration detention facilities can look and feel like jails, and the experience is equally traumatic.

Being detained by ICE does not mean you have been convicted of a crime.

How Long Can ICE Hold Someone?

Under federal law, there is no mandatory maximum time limit for civil immigration detention. Here is how the timeline generally works:

• After a local jail releases someone on an immigration detainer (ICE hold), ICE can hold them for up to 48 hours — though many jurisdictions no longer honor ICE detainers
• After a removal order is issued, ICE has 90 days to remove the person — during this period, detention is presumed lawful
• After 90 days, if removal is not reasonably foreseeable, continued detention may be challenged in federal court
• In practice, people are sometimes detained for months or even years while their immigration cases proceed

In 2026, detention capacity has expanded dramatically. As of January 2026, immigration detention reached an all-time high of 73,000 people — an 84% increase from January 2025 [1]. More people are being detained, and for longer periods, than at any point in recent history.

People in detention have the right to:

• Request a bond hearing before an immigration judge
• Speak with an attorney
• Contact their country’s consulate
• Receive medical care

Note that bond hearings are not guaranteed — some people are subject to mandatory detention depending on their case.

How to Find Someone Who Has Been Detained by ICE

If a family member has been detained, use the ICE detainee locator tool at locator.ice.gov. Search using their name and country of birth. It may take 24–48 hours for someone to appear in the system after being detained.

Contact an immigration attorney immediately — they can help locate the detained person and begin exploring legal options.

What Is Cancellation of Removal? How Alonso & Alonso Can Help

Alonso & Alonso offers cancellation of removal — a specific and powerful legal remedy that can stop a deportation and lead to a green card for qualifying individuals.

What Is Cancellation of Removal?

Cancellation of removal is a form of relief available to certain people who are already in removal (deportation) proceedings before an immigration judge. If granted, it stops the deportation and can result in the person receiving lawful permanent residency — a green card.

For non-lawful permanent residents (undocumented individuals), the requirements generally include:

• 10 years of continuous physical presence in the United States
• Good moral character during that 10-year period
• Proof that removal would cause “exceptional and extremely unusual hardship” to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child

This is a complex legal process with strict requirements — and the standard for “exceptional and extremely unusual hardship” is high. An experienced immigration attorney is essential.

Other Ways Alonso & Alonso Can Help

Beyond cancellation of removal, the firm offers a range of services that may provide pathways to legal status:

• Family-based green cards — if you have a qualifying family relationship with a U.S. citizen or lawful permanent resident
• VAWA — for survivors of domestic violence who are married to or the child of a U.S. citizen or LPR
• U Visa — for crime victims who cooperate with law enforcement
• T Visa — for human trafficking survivors
• Adjustment of status — changing immigration status without leaving the U.S.

The most important step is to speak with an attorney before something happens — not after. Many people have more options than they realize, and knowing your options early gives you the best chance of protecting your future.

Call 1-855-663-4763 or contact us online for a free, confidential evaluation.

What to Do If ICE Comes to Your Home, Workplace, or Community

Having a plan before something happens is one of the most powerful things you can do for your family. ICE has been criticized for using intimidation tactics, including wearing masks and using unmarked vehicles during operations, which has raised concerns about accountability. Many communities have pushed back against these ICE operations, often filming encounters and organizing protests in response to these tactics. Here is a clear, practical guide.

If ICE Comes to Your Home

1. Do not open the door. Speak through the door.
2. Ask: “Do you have a judicial warrant signed by a federal judge?”
3. If yes: ask them to slide it under the door or hold it to a window. Verify it has your correct name, address, and is signed by a federal judge — not an immigration judge.
4. If no judicial warrant: “I do not consent to you entering my home.”
5. If they enter anyway: remain calm, do not resist. Say: “I am exercising my right to remain silent. I want to speak with an attorney.”
6. Do not sign any documents.
7. Call an attorney as soon as possible.

If ICE Stops You in Public

1. Stay calm. Do not run.
2. Ask: “Am I free to go?” If yes, calmly walk away.
3. If not free to go: “I am exercising my right to remain silent. I want to speak with an attorney.”
4. Do not answer questions about your immigration status, where you were born, or how you entered the U.S.
5. Do not show false documents — this creates serious additional criminal liability.
6. Do not physically resist — even if you believe the stop is unlawful.
7. Try to remember the officers’ names and badge numbers.
8. Call an attorney as soon as possible.

If ICE Comes to Your Workplace

Workplace raids have increased significantly in 2026. ICE has conducted enforcement operations at farms, factories, restaurants, and distribution centers across the country.

1. You have the same rights at work as anywhere else — you do not have to answer questions about your immigration status.
2. Do not run or try to leave if ICE has secured the area.
3. Say: “I am exercising my right to remain silent. I want to speak with an attorney.”
4. Do not sign any documents.
5. Call an attorney as soon as possible.

Create a Family Safety Plan — Before You Need It

• Designate a trusted person who can care for your children if you are detained
• Keep an attorney’s phone number memorized or written in a safe place — 1-855-663-4763
• Make sure your children know what to do if a parent is detained
• Keep important documents (birth certificates, passports, school records) in a safe, accessible place
• Know how to use the ICE detainee locator: locator.ice.gov

ICE Enforcement at Sensitive Locations: What Changed in 2026

For decades, ICE maintained a policy of avoiding enforcement operations at or near sensitive locations — places like schools, churches, hospitals, and social service organizations. The idea was simple: people should be able to access essential services without fear of immigration enforcement.

That policy no longer exists.

On January 20, 2025, the Trump Administration rescinded the sensitive locations policy through an executive order. As of 2026, ICE can conduct enforcement operations at or near [[4]](LINK 1):

• Schools — including preschools, K-12 schools, and colleges
• Hospitals and medical facilities — including doctor’s offices, clinics, and urgent care centers
• Churches, mosques, synagogues, and other places of worship
• Childcare centers
• Social service establishments — including domestic violence shelters and food banks
• Courthouses

One important exception: As of March 2025, a federal court order requires ICE to comply with the 2021 protected areas policy when conducting enforcement actions without a judicial warrant at approximately 1,400 listed places of worship across 36 states [[5]](LINK 2). This court order is subject to ongoing legal challenges.

What this means for you: You can no longer assume that being at a school, church, or hospital provides protection from ICE enforcement. This is a difficult reality — and knowing it is better than being caught off guard.

Do not let fear stop you from accessing medical care, education, or legal help. If you are sick, go to the doctor. If your child needs school, send them. Contact an immigration attorney like Vanessa Alonso to understand your specific situation and options.

Frequently Asked Questions: What Is ICE?

What exactly does ICE do?

ICE — Immigration and Customs Enforcement — is a federal agency under the U.S. Department of Homeland Security with two main functions. The first is immigration enforcement through its ERO division: identifying, arresting, detaining, and deporting people who are in the U.S. without authorization or who have violated immigration law. The second is criminal investigations through its HSI division: investigating federal crimes including human trafficking, drug smuggling, money laundering, customs fraud, benefit fraud, customs violations, and child exploitation. Most immigrant communities are primarily affected by ERO’s immigration enforcement operations. In 2026, ERO has significantly expanded its operations — with nearly 73,000 people in detention as of January 2026, an all-time high.

Does ICE have the same power as police?

ICE has significant federal law enforcement powers — but they are not the same as local police. ICE is a federal agency that enforces federal immigration and customs law. Local police enforce state and local criminal law. ICE can arrest people for civil immigration violations — local police generally cannot. However, in 2026, more than 1,427 local law enforcement agencies have signed 287(g) agreements with ICE, allowing local police to perform immigration enforcement functions. This means in many communities, a traffic stop or minor criminal charge could result in contact with ICE. ICE does not have general criminal law enforcement authority — they cannot investigate state crimes like robbery or assault.

Who exactly is ICE deporting?

Under Section 287(g), ICE authorizes local law enforcement to identify and detain undocumented immigrants encountered during their daily activities. In 2026, ICE’s enforcement priorities have significantly expanded, no longer limiting actions to specific categories. Anyone in the U.S. without authorization is subject to enforcement. High-risk groups include those with prior removal orders, criminal convictions, and missed court hearings. Notably, detentions of long-term residents with no criminal history have increased dramatically (a 2,450% increase since January 2025).

Can ICE enter your house without a warrant?

No, ICE cannot enter your home without a judicial warrant signed by a federal judge or your consent. A deportation order from an immigration judge is not the same and does not grant entry. If ICE arrives, do not open the door. Ask for the federal judicial warrant, and if they lack one, clearly state: “I do not consent to you entering my home.” Verify all warrant details.

How long can ICE hold you in jail?

Under federal law, there is no maximum time limit for civil immigration detention; people can be held for months or years. After a removal order, ICE has 90 days to remove someone, but this period can be challenged. Detention reached an all-time high of 73,000 in January 2026. Detainees have the right to a bond hearing and an attorney. Use the ICE detainee locator (locator.ice.gov) to find a detained loved one.

What is the difference between ICE and Border Patrol?

ICE (Immigration and Customs Enforcement) and Border Patrol (part of CBP — Customs and Border Protection) are two separate federal agencies under DHS with different roles. ICE handles interior enforcement — anywhere inside the United States. Border Patrol handles border enforcement — at and near the border, primarily within 100 miles of any U.S. border. They coordinate with each other but have different legal authorities. In 2026, both agencies have significantly increased their enforcement activity.

Can ICE arrest me at a church, school, or hospital in 2026?

The sensitive locations policy (schools, hospitals, churches) was rescinded, allowing ICE to conduct operations in these areas. However, a federal court order provides a temporary exception, protecting approximately 1,400 places of worship from warrantless ICE actions. Do not let fear stop you from seeking medical, educational, or legal help—contact an attorney for advice.

How do I find someone who has been detained by ICE?

Use the ICE detainee locator tool at locator.ice.gov. Search using the person’s name and country of birth. It may take 24–48 hours for someone to appear in the system after being detained. Contact an immigration attorney immediately — they can help locate the detained person and begin exploring legal options. Call Alonso & Alonso at 1-855-663-4763 for a free, confidential evaluation.

What is cancellation of removal and do I qualify?

Cancellation of removal is a legal remedy that can stop a deportation and lead to a green card for certain people already in removal proceedings before an immigration judge. For non-lawful permanent residents, it generally requires 10 years of continuous physical presence in the U.S., good moral character during that period, and proof of exceptional and extremely unusual hardship to a qualifying U.S. citizen or LPR family member. Alonso & Alonso offers cancellation of removal representation — not general deportation defense. Eligibility depends on individual circumstances. Contact us for a free evaluation to discuss your specific situation.

You Don’t Have to Face This Alone

In 2026, immigrant families across the country are living with more uncertainty than they have faced in years. The rules have changed. The risks are real. And the fear is understandable.

But fear without information leaves families vulnerable. And fear without legal guidance can lead to decisions — like signing documents or opening the door — that have permanent consequences.

At Alonso & Alonso, we have been fighting for immigrant families for over 15 years. We were built by the Latino community, for the Latino community. We speak your language — not just Spanish, but the language of your struggle, your hope, and your determination to build a future here.

If you have questions about your rights, your options, or your situation — we are here. Your first evaluation with our family immigration lawyers is free. Everything you share with us is completely confidential.

“Aquí no eres un número. Eres familia.”Here, you are not a case number. You are family.

Call now: 1-855-663-4763

Email: info@alonsoandalonsolaw.com

Schedule online: alonsoandalonsolaw.com/en/contactenos