University Student Legal Service

The federal agency responsible for enforcing immigration laws in the United States is Immigration and Customs Enforcement, otherwise known as ICE. 

Your rights related to ICE encounters may differ depending on the setting and situation.

If you are approached by an ICE agent in public, you have the right to remain silent and do not have to answer questions about your immigration or citizenship status. You do not have to agree to a search of your person or belongings. You may ask the agent or officer, “Am I free to go?” If they say yes, you may walk away. If they say no, you may say, “I want to speak to a lawyer.”   

If ICE approaches you where you live, you may keep the door closed and remain silent. ICE may only enter your home with a valid warrant signed by a judge. You may ask to see the warrant by instructing the officers to hold it up to a window or slide it under your door. If ICE does not have a warrant signed by a judge, you may ask them to leave.

See information for information on how to differentiate a Court Warrant (signed by a judge) from an ICE Warrant (administrative).

General Considerations for Noncitizen Students

If you have valid immigration documents, you should carry them with you at all times. These may include:

• Form I-94 Arrival/Departure Record: This is your primary proof of legal entry and status. If your status changed internally, your I-94 is attached to the bottom of your I-797 Approval Notice. Carry a clear copy of this notice.
• Form I-20 (F-1 student status): Carry a copy of your most recent I-20, signed by your DSO and yourself. This proves you are an active student.
• Passport Bio-Page: A copy of the identification page of your valid passport.
• Proof of Enrollment: A copy of your current class schedule or an official enrollment verification from the University Registrar.
• EAD card and I-797 approval notice (if applicable)

• DS-2019 (J student status), signed by your DSO/RO and yourself.

  Under Section 264(e) of the Immigration and Nationality Act, all non-citizens 18 years and older are required to carry "evidence of registration" at all times. In the event you are stopped by Immigration and Customs Enforcement (ICE) or other law enforcement, you should be prepared to prove your legal presence.

  Note: While the law technically requires carrying original documents, carrying high-quality photocopies or maintaining a secure digital folder on your phone to prevent the loss or theft of original, hard-to-replace documents. However, be prepared to present originals if specifically ordered to do so by a federal officer.

• Plan ahead in the event you may be detained. SLS can help you prepare a plan based on your specific situation. 

• Additionally, the University has shared this guidance with students, faculty, and staff. 

More Resources 

The following resources may be helpful to students seeking additional information about immigration related rights. They are from external organizations; linking to these organizations is not an endorsement by Student Legal Service or University of Minnesota. 

• Know Your Rights video - James H. Binger Center for New Americans
• Know Your Rights - National Immigration Law Center
• Know Your Rights & What Immigrant Families Should Do Now - Immigrant Legal Resource Center
• Immigration Preparedness Plan - Immigrant Legal Resource Center
• Know Your Rights - New York State Youth Leadership Council
• Know Your Rights with ICE - Immigrant Defense Project 
• How to differentiate a Court Warrant (signed by a judge) from an ICE Warrant (administrative) so you know if presented with one

This resource provides general information and best practices to help students understand their rights and be prepared for a potential visit to their home by United States Citizenship and Immigration Services (USCIS) Fraud Detection and National Security (FDNS) officers. 

This information is NOT legal advice. To discuss issues specific to your situation, please schedule an appointment with a Student Legal Service immigration attorney, by emailing [email protected]. 

What is an FDNS visit and how is it different from ICE? 

USCIS FDNS generally conducts investigations in relation to pending or approved applications for immigration benefits. USCIS FDNS officers may seek to evaluate whether the individual is eligible for an immigration benefit and any potential fraud or criminal issues. The FDNS officers’ findings may be considered in determining whether to approve, deny, or even revoke an immigration benefit. While these visits were common practice in the past for certain cases, such as I-129 and I-130 petitions, individuals have reported an increase in USCIS FDNS residential visits in 2025, e.g., relating to I-765 applications for F-1 OPT and J-2 spouses, as well as N-400 applications. 

For F-1 and J-1 students, and their dependents, USCIS FDNS visits may be used to verify the information in your immigration records, particularly related to your current F-1 or J-1 status, school enrollment, authorized (or unauthorized) employment (CPT/OPT/STEM OPT), or it may also be related to a pending adjustment of status, naturalization, or  H-1B application.

USCIS FDNS differs from ICE (Immigration and Customs Enforcement). ICE handles immigration enforcement and removal operations. ICE officers may investigate individuals’ compliance with immigration or customs laws and/or may seek to arrest individuals who ICE believes to be removable from the United States. More information about Immigration & ICE. 

General Guidelines if a USCIS FDNS Officer visits your residence

Immediate Actions at the Door

1. Remain calm and do not panic: Stay professional, polite, and composed. An FDNS visit does not automatically indicate you have done anything wrong.
2. Verify identity: Ask the individual(s) to present an official government photo ID (Department of Homeland Security) and a business card. Note the officer’s name, title, and badge number. Alternatively, you could ask the officer to email you and verify that the address ends in “.gov.” You could also ask if there is a number you can call to verify their identity and confirm they are assigned to conduct an unannounced interview.  
3. You are not required to invite them inside: Unless they present a judicial search warrant (highly unlikely for a routine check), you are not required to invite the officer(s) into your residence. You can state that you would be happy to speak briefly outside or in the lobby of your apartment building.
4. State that you will be recording the interview: You can state that you would like to record the interview.
5. Pending applications: If you have a pending application with USCIS (an OPT application, for example), USCIS may ask you questions about your eligibility for the immigration benefit you are seeking. Refusing entry or refusing to answer questions may result in a negative inference, but should not lead to your arrest or deportation. USCIS should not arrest or detain individuals during these visits.
6. Invoke your right to counsel: If you have any attorney, you can request to call your attorney before you speak to the officers or you can request time to have an attorney present at a future date and time. To invoke this right, politely but firmly state that you appreciate them taking the time to visit, but you would like to notify your attorney before you answer any detailed questions. 

Managing the Interaction

If the officer insists on asking questions, the following information may be helpful:

• Present Documents: It is best to have extra copies of all of your important immigration documents and identity documents so that you can provide them to officers if requested. If you are an F-1 student, be prepared to present your original Form I-20, passport, U.S. Visa, and Employment Authorization Document (EAD) if you are on OPT/STEM OPT. Hand them these documents and allow them to review them.
• Be Truthful, Brief, and Concise: If you choose to answer questions, stick strictly to the facts.
  • ONLY answer the specific questions they ask you and do not volunteer extra information. Do not speculate or guess if you do not know the answer to the question; it would be better to say “I do not know” if you do not know the answer.
• Common Questions: Questions typically relate to: your current address, school attendance, major, job title/duties (if on OPT/STEM OPT), supervisor’s name, and work schedule. They may also ask you about your prior work and educational experience to determine if you ever worked without authorization or failed to maintain student status.
• Do Not Sign Anything: Do not sign any document, form, statement, or waiver without the approval of your attorney.
• Determine the Purpose of the Document They Want You to Sign: Make sure that you understand why they are asking you to sign any document they present to you, and ask for a copy of the document.
• Do Not Provide Personal Financial Records: Unless you have been informed beforehand via a formal Request for Evidence (RFE) or subpoena, you are generally not required to produce private financial documents.

Post-Visit Action

1. If you have an attorney, contact them as soon as possible: If you are a UMN student, you can contact our office, Student Legal Service [email protected], 612-624-1001, or schedule an appointment: Please provide the officer’s name, the date and time of the visit, and a recording or summary of all questions asked and your responses.
2. Notify Your Designated School Official (DSO): Contact your university’s International Student Office and your DSO to inform them of the visit.
3. Document the Visit: If you did not record the entire interview, create a written log of the interaction while the details are fresh in your mind.

DISCLAIMER: This flyer is for GENERAL INFORMATION ONLY regarding compliance practices and suggested protocol. It is NOT to be construed as legal advice and does not create an attorney-client relationship. Every immigration case is unique. Consult with a qualified immigration attorney for advice on your specific situation.

More information coming soon.

More information coming soon.