Tensions in Kentucky’s immigrant community have been high since the election of President Donald Trump and a flurry of new executive orders regarding immigration enforcement.

Since Trump’s Jan. 20 inauguration, there has been a spate of U.S. Bureau of Immigration, Customs and Enforcement raids in some parts of the country, including Chicago. There have been no widespread ICE raids in Kentucky to date, said Mizari Suarez, executive director of Neighbors Immigration Clinic, a Kentucky nonprofit which advocates and provides legal representation to immigrants.

“There is a difference between an ICE raid and ICE activity,” Suarez said.

A raid is a widespread, coordinated crackdown where dozens of people are detained. That hasn’t happened in Kentucky as of the end of January.

However, ICE agents have been active. For example, Jan. 27, a federal agent detained five people at the Madison County courthouse after they pleaded guilty to various charges.

Fear is widespread in Fayette County’s immigrant community, and bogus rumors of raids don’t help, Suarez said.

Moreover, too many people are relying on national foreign language television and local social media to get information on their rights and what ICE officials can and cannot do, Suarez said at a recent “Know Your Rights” training in Lexington.

Immigration law is complex. Don’t take advice from social media or a well-meaning relative or friend, Suarez cautioned.

“If you have questions about your legal status, talk to an immigration attorney,” Suarez said.

Here’s some common questions and answers about how ICE works.

Can ICE come into a business unannounced?

There are two ways federal immigration officials can enter a private business: permission from the business owner or if they have a warrant for a specific individual.

Suarez and immigration attorneys said the warrant has to be signed by a judge. It can’t be a blank warrant. The name and description of the person must be on the warrant. If the business owner grants permission for federal agents to enter the property, ICE agents can come in and ask to speak to employees.

Can ICE approach people in public?

Yes, federal agents can approach people in public spaces, such as on the street. Trump’s executive order also allows agents to come into schools and churches, which former President Joe Biden’s administration did not allow.

Do people have to speak ICE?

No.

“You have the right to remain silent,” Suarez said. “But do not run. I can’t stress this enough.”

Can ICE enter a private home?

ICE officers can only enter private homes if the officer has a warrant or if invited in by the homeowner.

Suarez said sometimes agents will knock on doors and ask to speak to the person inside without a warrant. Suarez and others urge individuals to ask to see identification and the warrant. Ask the officer to put the signed warrant under the door or show it through the window. The warrant must be signed by a judge and have the person’s name on it.

What do ICE officers look like?

ICE officers are typically in plain clothes and unmarked vehicles, according to immigration rights groups such as the Immigrant Defense Project, a nonprofit. They do not have easily identifiable uniforms like police officers. People often confuse police officers or other federal agents with ICE officers, Suarez and others have said.

In some recent instances where people reported seeing ICE in an area, it was not ICE but other police agencies, Suarez said.

Does Lexington Police Department work with ICE?

A spokeswoman for the Lexington Police Department said the department does not voluntarily work with ICE. It does help any federal law enforcement agency if it is requested to do so.

“When requested, the Lexington Police Department assists all federal enforcement partners to ensure the safety of all those involved,” Hannah Sloan, a department spokeswoman, said Feb. 4.

Sloan said in the past two weeks the department has not been asked to help ICE.

Does the Kentucky National Guard work with ICE?

Gov. Andy Beshear said during a Jan. 30 press conference the state has not received requests from ICE to help it with immigration enforcement efforts.

“We haven’t received any specific requests from ICE, from immigration authorities for any level of assistance thus far,” Beshear said, according to WHAS11, the Louisville ABC affiliate. “We’ll also have to evaluate whether the group the request is made to has the training.”

How many ICE agents does Kentucky have?

Jeremy Bacon, the assistant field office director of ICE in Kentucky, told a Kentucky legislative committee in November immigration officers focus on people who have been charged with crimes.The agency works with local jails to identify those people.

“(ICE) focuses its enforcement efforts on criminals, those who pose a threat to national security, public safety and border security,” Bacon said at the Nov. 12 Interim Joint Committee on State Government. “We only have 27 law enforcement officers to enforce immigration laws throughout the entire commonwealth and southern portions of Indiana.”

What happens to people detained by ICE?

In Kentucky, many jails have contracts with federal authorities to hold ICE detainees, including Fayette County Detention Center. Those detainees are held for up to 72 hours and then typically transported to Boone County Detention Center, which is the main ICE detention center in Kentucky, said Bryan Bennett, a Lexington-based immigration attorney.

Suarez said unlike federal and state criminal court, immigration detainees are not appointed legal counsel if they are unable to afford representation. All detainees must pay for immigration lawyers if they want one. Suarez and other immigrant rights groups recommend people know the names and numbers of multiple immigration attorneys so if they are detained they can contact a lawyer.

Confused about where someone detained by ICE is located? There is an online detainee locator on ICE’s website at locator.ice.gov/odls/#/search.

Where is immigration court for Kentucky detainees?

Bennett said the initial detention hearing to determine whether someone can be released on bond while their deportation case is pending is conducted through Chicago immigration courts. Those hearings are conducted virtually.

Detainee cases are then moved to the Memphis, Tenn., immigration court. Immigration cases are often complex and can take years to resolve, Bennett said. The courts cannot handle the large number of immigration cases that are moving through the system, attorneys and other immigration groups said.

“Noncitizens arrested by ICE are typically placed into removal proceedings in immigration court, unless there is an existing removal order that the agency can execute. Given the 3.6 million cases pending in immigration court as of October 2024, people placed in removal proceedings usually wait years before their initial hearing,” according to the Migration Policy Institute, a nonprofit that focuses on immigration and policy.

Where can I learn more about my rights?

You can find more detailed information in English and Spanish about ICE and immigrant rights in the documents below:

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