Your rights with DACA if you meet ICE or the police

This is general information, not legal advice. If you are in a removal case, or you were detained before, talk to an immigration lawyer or a DOJ accredited representative about your own case.

Does DACA protect me from deportation?

Yes, but not completely. DACA means the government has decided, for now, not to deport you. It is not a legal status, and it can be taken away. Here's what we can confirm:

• While your DACA is valid, the government has agreed not to remove you. USCIS says people with deferred action will not be removed for the set period, unless DHS ends (terminates) their DACA.
• A removal case may stay open. In April 2026, the Board of Immigration Appeals decided in Matter of Santiago-Santiago that an immigration judge may not end a removal case only because you have DACA. If you have a court case, keep going to every hearing.
• Some DACA recipients have been detained. In 2025, DHS said DACA holders are "not automatically protected" from deportation, and 41 senators asked DHS to explain these arrests.

Your best protection is a current DACA. If it ends, you lose this protection. See Keep your DACA and the DACA hub.

What should I carry?

Your work permit (Form I-766, the card with your photo). Federal rules say people who are not citizens, age 18 and older, must carry proof that they registered with the government. A final rule in effect June 29, 2026 lists the work permit as proof. DHS has asked whether to remove work permits from that list, so this could change. We found no later change as of October 21, 2026. Ask a legal clinic if you hear otherwise.

• Keep a copy of your latest DACA approval notice at home, where a family member can find it.
• Never carry false papers. Showing a false document can give ICE a reason to detain you.
• Ask your lawyer when you should show your work permit, and what to do if your card has expired while you wait for a renewal.

Do I have to answer questions?

You have the right to stay silent with an immigration officer. You don't have to talk about where you were born, how you came here or your status. Federal law lets immigration officers ask questions, but it does not say you must answer them (8 U.S.C. 1357(a)(1)). Say this: "I choose to remain silent. I want to speak with a lawyer."

A stop is frightening. These four rules keep you safer:

• Don't lie. Silence is your right. A lie, or a false paper, can hurt you.
• Don't run. Running can give ICE a reason to detain you.
• Don't sign anything until you talk with a lawyer.
• Stay calm.

What if agents come to my home?

You do not have to open the door. Legal groups, and Rep. Kevin Mullin's office, advise that if agents show a warrant, you check that it is signed by a judge before you let them in (Rep. Mullin, Know Your Rights). That is advice. The federal rule for agents (8 CFR 287.8(f)(2)) says only "a warrant" and does not spell out who must sign it. For the full steps, see If immigration agents come.

What can California police do?

Less than you might fear. California law, the California Values Act, limits how state and local police and sheriffs help with immigration enforcement. The California Attorney General says:

• State and local police cannot ask about your immigration status for immigration enforcement.
• They cannot share your home or work address with immigration agents, with some exceptions, such as information that is already public.
• They cannot help ICE with immigration enforcement, with very limited exceptions.
• If police arrest you, you have the right to a lawyer, and one can be appointed for you.

Federal agents, like ICE and Border Patrol, are not bound by these state limits. The law covers only state and local agencies (Government Code 7284.4). Not sure who stopped you? Ask: "Are you with the police or with immigration?"

Is my DACA information shared with ICE?

Generally not to deport you, but there are limits. The DACA rules say the information in your DACA request is generally not used to start deportation against you, unless there is a crime, fraud or a threat to safety. Information about your family is not used to deport them. USCIS may still share information with other agencies, including ICE, for other reasons, like stopping fraud. This policy does not give you a right you can enforce in court, and it could change. The rule still read the same on eCFR when we checked on October 21, 2026. Details: Can my DACA information be shared with ICE?

What if I am detained?

Ask for a lawyer, and do not sign anything. Then:

• Ask a family member to call your lawyer and to bring a copy of your DACA approval notice and work permit.
• Family can find a free legal provider on the California Department of Social Services map.
• Make a plan now for your children, money and papers. See Make a family preparedness plan.

Who can help?

You don't have to face this alone. These are free or low cost legal services. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Attorney General, immigrant rights: oag.ca.gov/immigrant, immigration@doj.ca.gov
• California Department of Social Services: a map of state funded immigration legal services. Call (916) 651-8017.
• For San Mateo County residents: San Mateo County Immigrant Services, (650) 363-4194; Community Legal Services in East Palo Alto, (650) 326-6440; Legal Aid Society of San Mateo County, (650) 558-0915; Immigration Institute of the Bay Area (Redwood City consultations), (650) 587-1558
• For Santa Clara County residents: Office of Immigrant Relations partners

Only a lawyer or a DOJ accredited representative may give you immigration legal advice. See Warning signs of an immigration scam.

Is there a card I can carry?

Yes. Print it, fill it in, and keep it with your work permit.