In September 2025, the United States Supreme Court issued a decision that affects how immigration enforcement agencies, including ICE, are permitted to detain individuals who may be in the country without legal status. While the decision may feel confusing or unsettling, understanding what changed — and what didn’t — can help you protect yourself or someone you care about.

This topic was recently discussed by Attorney Christina Williams of Just Criminal Law and Legal Storytelling Specialist David Mann. Here is what you need to know.

The Supreme Court Decision: Back to “Business as Usual”

Previously, a federal district court in California ruled that ICE agents could not detain an undocumented person unless they had a warrant or reasonable suspicion. That ruling was appealed, and now the Supreme Court has reversed it.

What does that mean now?
ICE agents may detain a person they believe is in the United States illegally without a warrant, based on the standard of “reasonable belief” — which is broad.

This could include:

• Being in a location where undocumented workers are commonly found
• Speaking limited English
• Appearing to fit demographic assumptions
• Being present at a work site or day labor area

Unfortunately, this means lawful immigrants — including visa or green card holders — may face detention simply because they didn’t have their documents on them at the time.

If You Are Here Legally: Always Carry Your Documentation

If you have:

• A green card
• A visa
• A work authorization card

Keep these documents with you at all times, just as you would carry a driver’s license. Doing so can prevent unnecessary detention and save time, stress, and legal complications.

If You Are Detained — What to Do

If ICE detains you and you cannot immediately prove legal status:

1. Exercise your right to remain silent.
   You are not required to explain yourself or answer questions.

2. Ask to speak to a lawyer.
   Contact a friend or family member and have them call an attorney immediately.

3. You are entitled to a hearing.
   However, if you are likely to be ordered deported, you may be able to voluntarily return to your home country and then begin the legal immigration process — which may prevent future penalties or bans.

We Are Here to Help

If you or someone you love is detained, time matters. An attorney can make the difference between release, prolonged detention, or long-term immigration consequences.