Immigration Rights and ICE Encounters in Minnesota

Overview

If you live in Minnesota, you have constitutional rights — regardless of your immigration status. The Fourth Amendment protects you from unreasonable searches, and the Fifth Amendment gives you the right to remain silent. These rights apply to everyone: citizens, permanent residents, visa holders, DACA recipients, and undocumented individuals.

This guide explains what to do if you encounter Immigration and Customs Enforcement (ICE) agents in Minnesota, what happens if you or a family member is detained, and where to get legal help.

Who this guide is for: Anyone in Minnesota who wants to understand their rights during immigration enforcement encounters — including noncitizens, mixed-status families, and community members who want to help.

Am I at Risk?

Immigration enforcement can affect anyone who is not a U.S. citizen. However, the level of risk depends on your situation:

Higher risk:

• Outstanding removal (deportation) order
• Prior criminal convictions, especially aggravated felonies, controlled substance offenses, or firearms offenses
• Prior immigration violations (illegal reentry, visa overstay with removal order)
• Missed immigration court dates

Lower risk (but not zero):

• Valid visa holders, lawful permanent residents (green card holders)
• DACA recipients with current status (but see DACA section below)
• TPS holders with current designation (but see TPS section below)
• People with no criminal history and no contact with immigration authorities

Regardless of risk level: Everyone should have a plan. Know your rights, carry an emergency contact card, and make sure a trusted person knows what to do if you are detained.

Step-by-Step: What to Do During an ICE Encounter

At Home — If ICE Comes to Your Door

ICE agents sometimes come to homes early in the morning. Here is what to do:

1. Do not open the door. You have no obligation to open your door. Speak through the closed door or through a window.
2. Ask for identification. Ask the agents to identify themselves and state why they are there. Ask them to slide identification under the door.
3. Ask to see a warrant. Ask: “Do you have a warrant signed by a judge?” An ICE administrative warrant (Form I-200, signed by an ICE supervisor) does not authorize entry into your home. Only a judicial warrant signed by a federal judge authorizes entry.
4. Look at the warrant carefully. If they slide a warrant under the door, check:
   • Is it signed by a judge (not just an ICE officer)?
   • Is the name on the warrant correct?
   • Is the address correct?
5. If they do NOT have a judicial warrant: You can say, “I do not consent to your entry. I am exercising my rights under the Fourth Amendment.” Stay calm and do not open the door.
6. If they force entry without a judicial warrant: Do not physically resist. Say clearly: “I do not consent to this search.” Remember the agents’ names and badge numbers.
7. Stay silent. Say: “I am exercising my right to remain silent. I want to speak with a lawyer.”

Do not open the door even a crack. If agents can see into your home or if you step outside, this could affect your legal protections. Keep the door closed.

On the Street or in a Public Place

If ICE agents approach you in public:

1. Stay calm. Do not run or resist.
2. Ask: “Am I free to go?” If they say yes, walk away calmly.
3. If they say no: You are being detained. Say: “I am exercising my right to remain silent. I want to speak with a lawyer.”
4. Do not answer questions about your immigration status, where you were born, or how you entered the country.
5. Do not show immigration documents unless you are at a port of entry or within 100 miles of the border (where Border Patrol has broader authority). Even in the border zone, you can remain silent.
6. Do not sign anything. Some documents may waive your right to a hearing before a judge.

At a Traffic Stop

If you are pulled over by local police:

1. Minnesota police are not ICE agents. Local police enforce state law. Minneapolis and St. Paul have policies limiting cooperation with ICE detainer requests.
2. Show your driver’s license if asked. Under Minn. Stat. § 171.06 , Minnesota issues driver’s licenses regardless of immigration status (effective October 1, 2023). Having a Minnesota driver’s license does not reveal your immigration status.
3. You must identify yourself to law enforcement during a traffic stop, but you do not have to answer questions about your immigration status or country of birth.
4. If police ask about your immigration status: Say, “I would prefer not to answer that question.”
5. If police say they are holding you for ICE: Ask: “Am I being detained under state law, or are you holding me for ICE?” An ICE detainer is a request, not a court order. Minneapolis and St. Paul generally do not honor ICE detainers without a judicial warrant.

At Work — Workplace Raids

If ICE agents come to your workplace:

1. Stay calm. Do not run.
2. Your employer should ask for a warrant. ICE needs a judicial warrant to enter non-public areas of a workplace.
3. You can remain silent. You do not have to answer questions about your immigration status.
4. Do not show false documents. This can result in criminal charges.
5. Note the agents’ names and badge numbers. Write them down as soon as you can.
6. Call a lawyer immediately. The Immigrant Law Center of Minnesota (ILCM) can help: 651-641-1011.

If You Are Arrested by ICE

If ICE arrests you or a family member:

1. Stay calm. Do not resist. Resisting arrest can lead to criminal charges.
2. Say: “I am exercising my right to remain silent. I want to speak with a lawyer.” Repeat this if agents continue to ask questions.
3. Do not sign anything — especially a voluntary departure form (Form I-275) or a stipulated removal order. Signing these can waive your right to see a judge and make it much harder to return to the U.S. in the future.
4. Remember your Alien Registration Number (A-Number) if you have one. Family members will need it to locate you.
5. You have the right to make phone calls. Call a family member and a lawyer.
6. Ask for a bond hearing before an immigration judge. You may be eligible for release on bond (see Detention section below).

Never sign a voluntary departure form without talking to a lawyer first. Signing away your rights can permanently affect your ability to return to the United States.

Prepare Before an Encounter

The best time to prepare is before anything happens:

• Memorize the ILCM emergency number: 651-641-1011
• Carry a “know your rights” card in your wallet (see our KYR: Immigration & ICE Encounters page for a printable version)
• Make a family safety plan. Decide who will care for your children, who has access to important documents, and who to call if you are detained.
• Keep important documents in a safe place — not on your person. This includes your passport, birth certificates, immigration papers, and any court documents.
• Give a trusted person power of attorney so they can handle your affairs if you are detained.
• Know your A-Number (Alien Registration Number) if you have one. Family members will need it to find you in detention.
• Talk to an immigration lawyer now — before an encounter happens. Many organizations offer free consultations.

Detention in Minnesota

Where Are People Detained?

The primary ICE detention facility in Minnesota is Sherburne County Jail in Elk River, under an Intergovernmental Service Agreement (IGSA) with ICE.

People may also be transferred to out-of-state facilities. If a family member is detained and you cannot locate them, use the ICE detainee locator at 1-888-351-4024 or online at locator.ice.gov. You will need the person’s full name, date of birth, or A-Number.

Bond Hearings

Most people detained by ICE can request a bond hearing before an immigration judge at Fort Snelling Immigration Court (Bishop Henry Whipple Federal Building, 1 Federal Drive, Fort Snelling, MN).

At a bond hearing, the judge decides whether to release you and, if so, how much bond you must pay. Bond amounts typically start at $1,500 but can be much higher.

However: Under INA § 236(c), some people are subject to mandatory detention without bond. This applies if you have certain criminal convictions, including:

• Aggravated felonies (as defined by immigration law — this includes some offenses that are not felonies under state law)
• Controlled substance offenses (except a single offense for possession of 30 grams or less of marijuana)
• Firearms offenses
• Certain crimes involving moral turpitude

If mandatory detention applies, you cannot be released on bond. An attorney can help determine whether mandatory detention applies to your case and whether any exceptions apply.

No Right to a Free Lawyer

Unlike criminal court, there is no right to a government-appointed attorney in immigration proceedings. You have the right to hire a lawyer at your own expense, and many legal aid organizations provide free representation (see “Where to Get Help” below). Getting a lawyer makes an enormous difference — studies show that people with attorneys are far more likely to win their cases.

Asylum Basics

If you are fleeing persecution in your home country, you may be eligible for asylum in the United States. Key points:

• One-year filing deadline. You must apply for asylum within one year of your last arrival in the United States. There are limited exceptions for changed or extraordinary circumstances, but missing this deadline can be fatal to your case.
• Persecution grounds. Asylum requires showing persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
• You can apply even if undocumented. Asylum is available regardless of how you entered the country.
• You can apply defensively. If you are in removal proceedings, you can apply for asylum as a defense against deportation.
• Get a lawyer. Asylum cases are complex. The Advocates for Human Rights in Minneapolis provides free asylum representation: 612-341-3302.

DACA (Deferred Action for Childhood Arrivals)

DACA provides temporary protection from deportation and work authorization for people who were brought to the United States as children.

• DACA status is subject to ongoing federal litigation. Courts and executive actions have changed DACA rules multiple times. As of this writing, DACA remains in legal uncertainty.
• If you currently have DACA: Continue to renew on time. Renewal applications should be filed 150 days before your current status expires.
• Do not rely on DACA alone. Talk to an immigration lawyer about whether other forms of relief may be available to you.
• In Minnesota: DACA recipients are eligible for driver’s licenses, in-state tuition under the MN Dream Act ( Minn. Stat. § 135A.043 ), and state financial aid.
• Contact ILCM for updates: The Immigrant Law Center of Minnesota tracks DACA developments and provides legal assistance: 651-641-1011.

TPS (Temporary Protected Status)

TPS is granted to nationals of certain countries experiencing armed conflict, natural disasters, or other extraordinary conditions.

• TPS designations expire and must be renewed by the federal government. Expiration dates change frequently — check with ILCM for current status of your country’s designation.
• Minnesota’s Somali community is significantly affected by TPS policy, as Somalia has had TPS designation. Other countries with large MN populations may also be affected.
• If you have TPS: Keep your status current, file for re-registration during each open period, and maintain valid employment authorization documents.
• If TPS ends for your country: Talk to a lawyer immediately about other options. Do not wait until the expiration date.

Criminal Convictions and Immigration

If you are not a U.S. citizen, any criminal conviction — even a misdemeanor — can have immigration consequences, including deportation.

• Under Padilla v. Kentucky, 559 U.S. 356 (2010), your criminal defense attorney must advise you about the immigration consequences of a guilty plea.
• Do not accept a plea deal without first consulting an immigration attorney. What seems like a minor conviction in criminal court can be an “aggravated felony” under immigration law, triggering mandatory detention and removal.
• Certain convictions make you ineligible for asylum, cancellation of removal, and other forms of relief.
• Even “stays of adjudication” — which are not convictions under Minnesota law — may still count as convictions for immigration purposes.

Key Deadlines

Deadline	Details
1 year after arrival	Deadline to file an asylum application (limited exceptions apply)
150 days before expiration	Recommended time to file DACA renewal
48 hours	ICE detainer requests generally expire 48 hours after your scheduled release from local custody
10 days	Typical time to file an appeal of an immigration judge’s order (varies — confirm with attorney)
30 days	Deadline to appeal a Board of Immigration Appeals decision to federal court

When to Get a Lawyer

You should consult an immigration attorney if:

• ICE has contacted you or a family member — at home, at work, or on the street
• You or a family member has been detained by ICE
• You have a removal order — old or new
• You are charged with a crime and you are not a U.S. citizen
• You want to apply for asylum, TPS, DACA, or any other immigration benefit
• Your immigration status is expiring and you need to renew or change status
• You received a notice to appear in immigration court

Do not wait. Immigration cases move quickly, and missing a deadline can permanently affect your case.

Related Guides

Criminal Defense in Minnesota

A plain-language guide to the criminal justice process in Minnesota. Learn about arrest, charges, court hearings, plea options, sentencing, and your rights at every stage.

Where to Get Help

Immigration-Specific Organizations

Legal Aid Organizations

Law School Clinics

Emergency Contacts

• ICE Detainee Locator: 1-888-351-4024
• National Immigration Legal Services Hotline: 1-800-354-0365
• 211 (United Way): Dial 2-1-1 for help finding social services, emergency assistance, and community resources

Frequently Asked Questions

Can ICE enter my home without my permission? Only with a judicial warrant signed by a federal judge. An ICE administrative warrant (Form I-200) is not enough. Do not open your door unless you see a judicial warrant with the correct name and address.

Do I have to tell the police my immigration status? No. You must identify yourself during a traffic stop (name, license), but you do not have to answer questions about where you were born or your immigration status.

Can my children still go to school? Yes. Under Plyler v. Doe, 457 U.S. 202 (1982), all children in the United States have the right to attend public school regardless of immigration status. Schools cannot ask about immigration status.

Will getting a Minnesota driver’s license reveal my immigration status? No. Under Minn. Stat. § 171.06 , Minnesota issues driver’s licenses regardless of immigration status. The Minnesota Government Data Practices Act (Chapter 13) limits the sharing of this information with federal agencies.

What if I have an old deportation order? Contact an immigration attorney immediately. An old removal order can be enforced at any time. A lawyer can evaluate whether you can reopen your case or apply for other relief.

What happens to my children if I am detained? This is why a family safety plan is critical. Designate a trusted person to care for your children and give them a signed, notarized authorization. Consider a power of attorney. If your children are U.S. citizens, they cannot be deported.

Can my employer fire me because of an ICE raid? Your employer cannot fire you based on race, national origin, or ethnicity. However, employers are required to verify work authorization. If you lose your job due to immigration enforcement, contact CTUL or an employment attorney.

Does Minneapolis or St. Paul cooperate with ICE? Both cities have policies limiting cooperation with ICE detainer requests. Local police generally will not hold you for ICE beyond your scheduled release without a judicial warrant. However, there is no statewide sanctuary law in Minnesota, and policies can change.