Can ICE come in your GA home? An immigration lawyer sets the record straight
When videos circulate showing U.S. Immigration and Customs Enforcement (ICE) agents confronting citizens, questions arise about the parameters of authority of federal law enforcement.
With so much misinformation available to the public, knowing what is constitutionally relevant is crucial. To sort the facts from the fiction, the Ledger-Enquirer spoke with immigration attorney Martin Rosenbluth.
Rosenbluth, who frequently represents clients in Georgia detention centers, has over 40 years of experience in human rights issues and specializes in defending detained people in deportation proceedings.
He asserts that much of the public’s confusion stems from misunderstanding what ICE is legally allowed to do and what people’s rights actually are.
ICE does not have unlimited authority
ICE’s enforcement powers come primarily from the Immigration and Nationality Act, codified in Title 8 of the U.S.C. § 1357.
ICE often issues what’s called an “administrative warrant,” which is not the same as a judicial warrant. “A real warrant is signed by a federal judge,” Rosenbluth said.
They cannot:
- Enter your home or search your home without a warrant signed by a federal judge
- Make up a warrant on their own
- Force entry into a home, private business areas or nonpublic spaces, like employee break rooms, kitchen or church offices
- Conduct searches of people, homes or vehicles away from the border without consent, a warrant, probable cause or a recognized legal exception
- Detain someone for more than a brief period without individualized suspicion that immigration or other federal laws are being violated
- Use force, including deadly force, in ways that are “unreasonable” under the Fourth Amendment or that violate the U.S. Department of Homeland Security requirement to use only the minimum force necessary
- Lawfully deport U.S. citizens.
They can:
- Question people they reasonably believe are not U.S. citizens about their immigration status and right to be in the United States
- Detain people for immigration proceedings
- Arrest anyone, including U.S. citizens, who commits a federal crime in their presence, such as harboring or assaulting a federal office
- Conduct broad searches and inspections at the border and ports of entry (including airports) without a traditional warrant under the “border search” exception.
The rights for citizens
If ICE shows up at your home, work or school, you still have constitutional rights, regardless of your immigration status, says the National Immigrant Justice Center.
These rights are strongest in your home, and you do not have to open the door unless they can show a warrant signed by a judge.
In your home, you have the right to:
- Ask to see the warrant through a window. If the paper isn’t signed by a judge, you’re not obligated to let them in
- Document the encounter using your cellphone
- Remain silent. You can refuse questions about your name, birthplace or immigration status
- Refuse consent to a search of your home
- Speak to a lawyer
- Refuse to sign any documents.
You must state clearly: “I choose to remain silent. I do not consent to you entering my home. I do not consent to a search.”
At work, you have the right to:
- Ask whether you are free to leave; if they say yes, you can calmly walk away
- Remain silent and not answer questions
- Refuse consent to a search of your personal belongings
- Not show identification if you are just an employee, unless a specific law requires it.
You also have the right to calmly observe and record in a public area, as long as you don’t interfere.
At school, students and staff have the right to:
- Remain silent and not answer questions about their or their family’s immigration status
- Ask whether you are being detained or are free to go; if free, you may calmly leave the conversation
- Refuse consent to a search of your backpack, locker, or phone if there is no warrant or clear legal basis.
The Immigrant Defense Project reminds citizens that minors have the right to ask for a parent, guardian or lawyer before answering questions.
You have rights when detained
If ICE arrests you, the rules differ from standard criminal proceedings.
What to know:
- You have the right to an attorney but not a public defender. Immigration courts do not provide free lawyers.
- You do not automatically get a phone call.
- Family members might not know where you’ve been taken for several days.
- Do not sign anything until you have spoken with a lawyer or had it read to you in a language you understand.
- You may contact your consulate, which can help you find legal help or explain your situation.
You should, however, still receive a hearing before an immigration judge and may be able to apply for bond, though courts often make this process difficult.
“In Georgia, judges at the Atlanta and Stewart courts are forcing people to file a separate habeas corpus motion in federal court just to get a bond hearing,” Rosenbluth said. “It’s absurd, but it’s happening.”
What to do and say:
- Ask for and memorize your A‑Number (Alien Registration Number) and give it to trusted family or friends. This is how they can locate you in ICE’s system.
- Ask the officer: “Am I in immigration detention or facing criminal charges?” because criminal cases come with a government‑paid lawyer, but immigration cases do not.
- Tell officers if you are pregnant, ill, disabled or the primary caregiver for a U.S. citizen or green card holder.
Continue to calmly repeat: “I want to speak with a lawyer before I sign anything or answer more questions.”
What families should know and do if a loved one is detained:
In Georgia, detained individuals are often sent to one of three facilities:
- Stewart Detention Center (Lumpkin)
- Folkston Detention Center (Charlton County)
- Irwin Detention Center (Ocilla).
Be aware that ICE can move detainees with little notice, complicating communication, Rosenbluth said. “Sometimes people rely on another detainee to lend them phone minutes to call home,” he said.
Families can use ICE’s Online Detainee Locator System to search for relatives by name or A-Number.
Be prepared
For anyone who is not a U.S. citizen, Rosenbluth recommends filling out Form G-28 in advance. “It lets ICE know that you have an attorney authorized to speak on your behalf,” he said.
The form can be downloaded online, printed and pre-signed, even if you don’t have an attorney yet.
Helpful organizations:
“The most harmful myth is that you don’t have any rights,” Rosenbluth said. “The system might make it hard, but those rights still exist.”
It’s important to know your rights and educate yourself about available resources for anyone facing or fearing immigration enforcement. For more information, email me at srose@ledger-enquirer.com or find me on social media.
*This story is provided for informational purposes only and should not be taken as legal advice. Immigration laws and procedures can be complex and vary by case. If you need legal assistance or have specific questions about your situation, consider contacting a qualified immigration attorney or an accredited legal service provider
This story was originally published January 23, 2026 at 6:00 AM with the headline "Can ICE come in your GA home? An immigration lawyer sets the record straight."