What’s legal? What’s not? What to know about ICE warrants, rights during enforcement activity

January 22, 2026

This article is offered freely as part of our commitment to civic responsibility.

With U.S. Immigration & Customs Enforcement (ICE) activity increasing in Otter Tail County and violent incidents documented in the Twin Cities—including the January 7 fatal shooting of legal observer Renee Good in Minneapolis—residents are asking urgent questions about legal rights and federal authority.

Debates abound over dinner tables and across social media about what is, and what is not, legal. While observing and recording are constitutionally protected, physically interfering with arrests is not.
The Pelican Rapids community has a long tradition of welcoming immigrants. 
Understanding legal boundaries of what ICE can do, what protections exist, and how to exercise First Amendment rights, empowers informed decisions while protecting the dignity that has defined the community for generations.
This guide provides essential facts about what ICE can and cannot do under the law, and how to safely observe enforcement actions.
Critical Legal Distinctions Judicial vs. Administrative Warrants: 
ICE needs a warrant signed by a federal judge to enter private spaces, such as homes or non‑public areas of businesses. ICE also issues its own “administrative warrants,” but these are signed by ICE officers, not judges. According to the National Immigration Law Center, administrative warrants do not authorize ICE to enter a private home or non‑public business area without consent. 

However, they may allow agents to arrest the person named in the warrant in certain circumstances, such as in a public space, in publicly accessible areas of a workplace (like lobbies), or when agents are already lawfully inside a location.
How to Tell the Difference: 

A judicial warrant says “United States District Court” at the top with a judge’s signature. 

An administrative warrant is on ICE letterhead (Forms I-200 or I-205) and signed by an immigration officer.


Immigration Status Terms

  • Green card holder (Lawful Permanent Resident): Can live and work permanently in the U.S. but cannot vote in general elections.

  • Visa holders: Have temporary authorization for specific purposes (study, work, tourism, etc.).

  • Asylum seekers: Have applied for protection based on fear of persecution.

  • Undocumented immigrants: Lack current legal authorization to reside in the US.


Your Rights During ICE Encounters

In Public Spaces: ICE can arrest in public without a warrant if they have authority under the immigration laws; they do not need “reasonable suspicion” merely to approach or briefly question someone, but they generally need reasonable suspicion or probable cause to detain or arrest.

U.S. citizens should ask, “Am I free to leave?” Once ICE knows you are a citizen, they have no immigration authority over you unless you are obstructing their work.

Vehicle Stops: ICE generally needs a warrant or probable cause plus an applicable exception (or your consent) to search a vehicle. Despite this, ICE agents have recently been documented smashing car windows to remove occupants, raising Fourth Amendment concerns.

If stopped in a vehicle:

  • Minnesota law requires drivers to show a license to state or local police.

  • U.S. citizens are not legally required to show citizenship documents to ICE agents, though showing a driver’s license may be practical.

  • Green card holders must show their green card to ICE when requested (federal law) — this applies to both drivers and passengers.

  • U.S. citizen passengers do not need to show ID to ICE.

  • Crack your window enough to communicate, but don’t open it fully.

  • State clearly: “I do not consent to a search.”

  • Ask: “Am I free to leave?”

  • ICE cannot lawfully reach in without consent, a warrant, or emergency circumstances.

At Your Home: 

  • You are not required to open the door unless there is a judicial warrant. 

  • Ask: “Do you have a warrant signed by a judge?” If so, ask them to slip the document under the door. 

  • If they only have an administrative warrant, say, “I do not consent to your entry.”


Everyone’s Constitutional Rights—regardless of immigration status:

  • Right to remain silent

  • Right to refuse warrantless searches on private property

  • Right to ask if you’re free to leave

  • Right to an attorney (though not at government expense).


The Right to Observe and Record

At least seven federal circuit courts have upheld the First Amendment right to record law enforcement in public spaces. 

The Legal Reality: The First Amendment protects your right to record public officials performing their duties in public view—from public spaces or your own property. 

Be aware: Despite this right, law‑enforcement officers—including ICE—have, in various places, ordered people to stop recording or seized phones. Asserting rights can still lead to confrontation or detention.

Legal Observer Guidelines 
You may:

  • Record video and photos of ICE operations from public spaces (streets, sidewalks)

  • Record from your own property (doorway, windows, yard)

  • Observe from a safe distance (about 8 feet is recommended)

  • State: “I am a legal observer not interfering with your work.”

You should:

  • Stay on public property (sidewalks, streets) or your own property when recording

  • Keep hands visible and stay calm

  • Have ID to prove citizenship if you’re a U.S. citizen

  • Use live-streaming to preserve video if your phone is taken

  • Document time, location, badge numbers, and vehicle descriptions

  • Be aware ICE agents may incorrectly claim that recording is illegal

Do NOT:

  • Enter someone else’s private property (lawn, driveway, porch) to record—this could be trespassing

  • Physically touch agents or those being arrested

  • Block vehicles or pathways

  • Obstruct or physically interfere

Reality Check: There have been incidents where people filming ICE or other law enforcement have had windows broken or been detained, even when they believed they were acting lawfully. If detained for recording, clearly state: “I am exercising my First Amendment right to record public officials in public view from a public space.”

Resources: The Pelican Rapids Multicultural Committee has compiled a list of legal resources for immigrants that can be viewed at tinyurl.com/mcc-help.





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