Are Wisconsinites required to open their doors to ICE officials?
Quickly after Donald Trump took office in 2025, he began pursuing one of his campaign promises: to reign in illegal immigration, secure the border, and deport individuals in violation of immigration laws. Unfortunately, his plans quickly expanded, a prison in El Salvador got involved, and law-abiding individuals were swept up in the kerfuffle.
We’ve seen videos of ICE officials waiting outside the homes and businesses of individuals they’re investigating. Sometimes a lawyer shows up and it becomes a showdown. But what happens when lawyers don’t show up? Do people living in Wisconsin need to open up their doors and talk ICE officials? As criminal defense attorneys we regularly interact with the Fourth and Fifth Amendments to the United States Constitution. We’re in the perfect position to explain the privacy implications of this situation.
Van Severen Law Office, S.C. is a criminal defense law firm based in Milwaukee, WI. Again – we do not practice immigration law, but we also know when it’s important to keep your door closed and your mouth shut. If you’re arrested and facing criminal charges, contact us to schedule a free consultation regarding your charges. We’re available 24/7 at (414) 270-0202.
Do you need to open the door to ICE agents that show up at your residence?
No. You do not need to open the door unless police possess a valid search warrant. All individuals living within the United States – including citizens, non-citizens, and even individuals here illegally – have certain constitutional rights. Those rights include a protection against unreasonable searches and seizures.
- What if they have a deportation warrant? A deportation warrant (also called a warrant of removal) does not allow government officials (cops, ICE agents, other law enforcement personnel) the right to enter your residence. They cannot come in based on this warrant, unless you allow them in. You do not need to open the door when faced with a deportation warrant.
- What if they have a search warrant? Sometimes cops will obtain a search warrant when conducting an investigation regarding illegal immigration. If they claim to have a warrant, request that a copy be slid under your door or shown to you through a window. Unless you have a chance to visually inspect the search warrant, do not consent to police entering your home.
- Note whether the search warrant has the correct name and address, and is actually signed by a judge. We’ve encountered quite a few dishonest cops and wouldn’t be surprised if one of those bad cops used a fake, outdated, or otherwise invalid warrant.
- If you ignore police who are in possession of a valid search warrant, they will likely force entry into your dwelling and continue conducting their investigation.
- Absent a warrant, if you decide to speak with police, you don’t need to open the door. In fact, we think it’s a great idea to keep your door closed and locked while conversing with police. If you’re the subject of a deportation warrant, and you open the door to police, there’s a significant chance they’ll simply grab and arrest you.
Do you even need to talk to police?
No. You also retain your right to remain silent. You do not need to speak to immigration officials, cops, or other law enforcement personnel. You don’t even need to answer the door (importantly, if the cops have a valid search warrant, they may break it down).
- This applies to all questions. Police may ask where you were born and how you entered the United States. You’re not required to answer that, or any other, questions.
- If you choose to remain silent, say so out loud, and be definitive. Simply remaining silent isn’t enough. “I am not answering any questions” or “I am asserting my Fifth Amendment rights and have nothing to say” is.
- The National Immigration Law Center has prepared a “know your rights” card that can be printed and simply handed to immigration officials. We suggest keeping this card on hand, as it presents helpful information.
- You may refuse to show identity documents, such as your passport, that indicate the country you’re from. There is no reason to help immigration officials do their jobs. Let them figure out this information on their own.
While you’re not required to speak to talk to police, it’s illegal to lie to them. Do not commit a crime while asserting your rights. Obstructing an officer is a misdemeanor criminal offense in Wisconsin. Committing this offense allows police to immediately arrest you.
If you’re arrested:
- You have the right to contact a lawyer. Even if you don’t have one retained, you can request a list of pro bono attorneys representing individuals in your position.
- You have the right to contact your consulate. Importantly, your country’s consulate may also assist you in finding a lawyer.
- You can refuse to sign any paperwork until you discuss the situation with a lawyer. If you’re not fluent in English, this becomes even more important. Legal forms can be very complex, and any confusion about what you’re signing will be used against you. If you choose to sign something without the assistance of an attorney, ensure you completely understand what you’re signing.
What should you do after immigration officials and police leave your home?
Unfortunately, when the government wants to make contact with you, they’re not going to simply go away. This is especially the case in today’s political climate. If you have an immigration attorney, that should be the first individual you contact when approaching this situation. That individual should be able to help you make a plan moving forward.
If you’re charged with a crime, we can help. Van Severen Law Office, S.C. is a criminal defense law firm that helps individuals accused of committing crimes throughout Wisconsin. Whether it’s a misdemeanor, a serious felony, or anything in-between, we can help. While we don’t practice immigration law, we do understand the Fourth and Fifth Amendment. And we believe in protecting the rights that individuals within our country enjoy, regardless of their country of origin.