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Your Rights with ICE and Consular Protection

⚠️ This information could save you in an emergency. Share it with your family, save the number in your phone right now, and read the English phrases before you need them.

ICE operations have intensified considerably. Many Mexicans in the U.S. live in constant fear, and with reason: a raid can change a life in minutes. But there are things you can do, rights you have, and a consulate that is there to help you — regardless of your immigration status.

This guide is based on official information from the Ministry of Foreign Affairs (SRE), the CIAM, and the ACLU. Nothing made up.

The consulate's emergency number: save it now

Teach the number to your children, partner or family too. If you are detained, you may not have your phone on hand: make sure someone else can call for you.

Your rights if ICE detains you

This is essential: you have rights regardless of your immigration status. The U.S. Constitution and international laws protect you. These are not "rights for citizens only".

  • You have the right to remain silent. You are not required to answer questions about where you were born, how you came to the U.S. or how long you have been here.
  • You have the right to a lawyer. If you don't have money to pay for one, you can request a court-appointed one.
  • You have the right to contact the Mexican consulate. This is guaranteed by the Vienna Convention on Consular Relations — an international treaty signed by the U.S. and Mexico.
  • You have the right to not sign documents without having spoken to a lawyer. Signing can mean accepting a voluntary deportation and giving up your legal rights.
  • You have the right to refuse a search without a judicial warrant. If ICE does not have a warrant signed by a judge, they are not allowed to enter your home.

Key phrases in English: learn them by heart

If you don't speak English well, these are the phrases you should be able to say or show in writing:

What you should NOT do during a detention

Just as important as knowing what to say is knowing what NOT to do:

  • Do not run or physically resist. It can turn an immigration detention into a criminal offense.
  • Do not provide false documents. This is a federal crime and enormously complicates your situation.
  • Do not talk about your immigration status with other detainees. You don't know who could be an informant.
  • Do not sign anything. Especially "voluntary departure" documents. Once you sign, it can be very hard to reverse it.
  • Do not lose your composure. Stay calm and repeat your rights. Getting agitated can be used against you.

What can the consulate do for you?

The Mexican consulate has real power to help you. It is not just a paperwork office:

Consular protection is free and is guaranteed by the Mexican government for all its citizens abroad.

Get ready before something happens

The best protection is preparation. These are the specific recommendations from the SRE:

  1. Always carry your consular ID or passport. Having Mexican identification makes consular work enormously easier.
  2. Save the CIAM number in your phone: 520-623-7874. And on paper too.
  3. Leave a written family plan: who takes care of your children, who has access to your money, who to call.
  4. Consult an immigration lawyer about your specific situation, especially if you have prior arrests.
  5. Know your options: DACA, TPS, asylum, adjustment of status. A lawyer can tell you if you qualify for something.

The ACLU (aclu.org) also has free guides about your rights with ICE.

Where can you do it?

You can handle a consular protection request at any Mexican consulate in the United States, always with an appointment. These are the most searched offices; if yours is not listed, find the one that covers you in the consular districts table.

Consular assistant

Still have a question?

Ask the assistant about your specific case: requirements, timings and what to do when what you need is not explained anywhere.

Frequently asked questions

Does the consulate help me even if I'm undocumented?

Yes, absolutely. Mexican consular protection applies to all Mexican citizens, regardless of their immigration status in the U.S. The consulate does not report your status to ICE.

How long can ICE hold me?

Legally, ICE can detain you indefinitely while your case is active. However, you have the right to request a hearing before an immigration judge where you can ask for bond or release on parole. A lawyer is essential for this.

What happens to my children if I am deported?

If your children are U.S. citizens or have legal status, they cannot be deported along with you. The consulate can help manage the situation and contact social services or relatives. That is why it is important to have a family plan prepared in advance.

Need help with your procedure?
Ask me about passports, CURP, the consular ID, appointments or your consulate.