Sandi Bachom, an American filmmaker and journalist, has been documenting the divisive political and governance climate of the United States since the first Trump administration. In October 2025, Bachom was at Immigration Court 25 at Federal Plaza in New York City, where she filmed an interaction between masked Immigration and Customs Enforcement (ICE) agents and a furious woman who accompanied a family member to a hearing. The video quickly achieved viral status because the agents got an earful of quick-witted profanity that only New Yorkers can deliver.
In a subsequent interview with Bachom, the woman defended her right to free speech. She also recognized she could have not only toned down her epic tirade, which thoroughly deconstructed the manhood of the ICE agents, but also remained silent through the ordeal. This is crucial to understand, particularly for foreigners who encounter federal agents. Keep reading for an in-depth discussion from immigration attorneys in San Diego about whether you have the right to refuse to speak to ICE agents.
Refusing to Speak to ICE
Just like the American woman in the aforementioned incident, foreigners have First Amendment rights to speak their mind. All the same, they have the right to not say anything when interacting with law enforcement. In the current climate of politicized immigration enforcement, foreigners are often better off asserting their right to remain silent under the Fifth Amendment.
Your immigration status is immaterial to the Fifth Amendment, which applies to all individuals. Although the Fifth Amendment protects against self-incrimination, it’s not limited to criminal justice situations. It’s important to note that ICE agents are tasked with handling civil matters. Unfortunately, they treat everyone like criminal suspects because of the ongoing ethical breakdown, which begins at the White House and trickles down to the Department of Homeland Security.
Beyond the right to remain silent, you also have the right to consult an immigration attorney and have a federal judge review your case. You don’t have to let agents know about your immigration status or where you were born.
Asserting Your Rights during ICE Encounters
In the verbal altercation filmed by Bachom, two agents repeatedly taunted the irate woman to escalate the situation. She didn’t fall for this underhanded tactic, which ICE agents have been using to justify detentions and perpetuate their despotic operations. Anyone approached by ICE should be mindful of such deplorable tactics.
ICE agents will try several tactics to frame verbal interactions. For this reason, remaining silent without explicitly stating your intention to do so may not be sufficient. When confronting this situation, you must clearly assert your Fifth Amendment right by saying “I have the right to remain silent and I want to speak to an attorney.” At this point, the agents may insult, taunt, and scare you, so it’s important to be assertive.
Another deceiving ICE tactic you should know about involves signing documents. In April 2025, a man with learning disabilities was forced by Border Patrol agents in Arizona to sign a document stating he had illegally entered the U.S. as a Mexican foreigner. In reality, he was born in Tucson. However, he spent 10 days in an immigration detention center before a judge ordered his release upon presenting a birth certificate. If you’re asked to sign anything, refuse and notify your immigration lawyer.
If you or a loved one has been approached by ICE or are facing immigration-related challenges and you need the help of the best San Diego immigration lawyer, reach out to the experienced attorneys at KS Visa Law. We can help you understand your rights, protect your legal status, and guide you through every step of the process. Contact KS Visa Law today for trusted legal representation and peace of mind during uncertain times.
