It’s every immigration attorney’s nightmare—an ICE agent shows up at your office asking for information about a client. What happens next depends on whether you and your staff are prepared. Here’s your quick guide to protecting your clients, your license, and yourself.
1. Stay Calm and Know Your Rights
ICE can ask for information, but that doesn’t mean you have to give it to them. In fact, you generally can’t.
Under ABA Model Rule 1.6 (Confidentiality), lawyers may not reveal information relating to the representation of a client without the client’s informed consent—unless an exception applies. This rule is broad: even a client’s name can be protected.
2. Ask for a Warrant
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No warrant? Politely decline to provide any information and refer the agent to the attorney in charge.
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Warrant present? Read it carefully. Confirm it’s valid and narrowly tailored. You may be able to limit disclosure or challenge its scope.
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When in doubt, call your state bar’s ethics hotline before handing over anything.
3. Train Your Staff
Under Model Rules 5.1 and 5.3, supervising attorneys must ensure lawyers and nonlawyer staff follow professional conduct rules. That means staff should be crystal clear:
“I’m not authorized to provide any information. Please wait for the attorney.”
Never allow staff to hand over documents or client details—even with a warrant—without attorney review.
4. Privilege vs. Confidentiality—Know the Difference
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Attorney-Client Privilege: Narrow, applies to communications for legal advice in a legal proceeding.
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Confidentiality: Broader, covers all information related to representation, no matter the source, in and out of court.
5. Special Note: Undocumented Clients
There is no blanket exception requiring you to share client information with ICE just because the client is undocumented. Most exceptions to Rule 1.6 involve preventing imminent harm or financial injury through crime or fraud, and they rarely apply in immigration contexts.
6. Action Plan for Every Firm
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Review your jurisdiction’s rules on confidentiality and warrants.
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Role-play scenarios so staff know exactly what to do.
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Post a protocol sheet by the reception desk or front door.
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Build a contact list of ethics counsel, AILA resources, and local attorneys experienced in handling ICE visits.
Bottom line: Your duty is to protect your clients’ confidentiality unless the law clearly requires otherwise. Preparation now will ensure that if ICE knocks, you won’t panic—you’ll follow the plan.