Yes, in most situations, you have the right to record ICE agents on your phone if they want to enter your house, as long as you are doing so in a safe and non-interfering manner; however, it's crucial to verify their identity and ask if they have a warrant before allowing them entry, and always consult with an attorney if you have concerns about your legal rights in such a situation.
Key points to remember:
Right to record: Recording law enforcement activity in public spaces, including ICE agents, is generally considered a protected right under the First Amendment.
Be visible: Ensure your recording is clearly visible to the ICE agents so they know you are documenting the interaction.
Don't obstruct: Avoid physically obstructing the agents' work while recording.
Ask for identification: Always ask ICE agents to show their identification and badge numbers.
Inquire about a warrant: If they want to enter your house, ask if they have a warrant.
Consult an attorney: If you have any concerns about your rights during an ICE encounter, contact an immigration attorney for advice.
You can ask if you are free to go: “Am I free to go?”
You can say that you want to use your right not to answer questions: “I want to use my right not to answer questions.”
Don’t lie.
DON’T SAY and DON’T SHOW false or expired documents.