This page sets out, from the federal regulations themselves, what an immigration officer may do and must do when they stop, question or arrest someone in the United States. It covers the encounter and the first 48 hours. It is general information taken from the text of 8 CFR 287.8, 287.3 and 236.1 (eCFR, read October 21, 2026), not legal advice. Whether an officer followed these rules in your case is for a licensed attorney or an accredited representative to assess. What the Guatemalan consulate does after a detention is covered on our consular assistance if detained or hospitalized page.
Quick summary: Under 8 CFR 287.8, an officer may ask anyone questions but may briefly detain a person only with reasonable suspicion based on specific articulable facts. An arrest needs reason to believe, and a warrant unless the person is likely to escape first. At the arrest the officer must identify themselves and say why you are under arrest, as soon as it is practical and safe. Threats or coercion to make you waive rights or make a statement are prohibited. Non-public areas of homes, businesses and farms need a warrant or consent (subject to INA 287(a)(3)). After a warrantless arrest, if you are placed in formal removal proceedings (not expedited removal), you must be told the reasons, your right to a representative at no cost to the government, and that any statement may be used against you (8 CFR 287.3(c)). Unless voluntary departure has been granted, a custody decision is due within 48 hours of the arrest, or within an additional reasonable period in an emergency or other extraordinary circumstance. Guatemala is not a mandatory-notification country, so ask for your consulate (8 CFR 236.1(e)). Read October 21, 2026.
The encounter, step by step, as the regulations describe it
| Moment | What the regulation says | Rule |
|---|---|---|
| Questions only | An officer may ask questions of anyone, as long as the officer does not restrain a person who is not under arrest from walking away | 8 CFR 287.8(b)(1) |
| Brief detention for questioning | Allowed only with a reasonable suspicion, based on specific articulable facts, of an offense against the United States or of being an alien illegally in the United States | 8 CFR 287.8(b)(2) |
| Arrest | Only by a designated immigration officer, and only with reason to believe the person committed an offense against the United States or is an alien illegally in the United States | 8 CFR 287.8(c)(1), (c)(2)(i) |
| Warrant | Required, except when the officer has reason to believe the person is likely to escape before a warrant can be obtained | 8 CFR 287.8(c)(2)(ii) |
| At the moment of arrest | As soon as it is practical and safe, the officer identifies themselves as an immigration officer authorized to arrest, says the person is under arrest, and gives the reason | 8 CFR 287.8(c)(2)(iii) |
| Pressure to talk or sign | Threats, coercion or physical abuse to make a suspect waive rights or make a statement are prohibited | 8 CFR 287.8(c)(2)(vii) |
| After a warrantless arrest, if placed in formal removal proceedings (not expedited removal) | Told the reasons for the arrest and the right to be represented at no expense to the government; given a list of free legal services in the district; told any statement may be used against you | 8 CFR 287.3(c) |
| Custody decision | Within 48 hours of the arrest, except in an emergency or other extraordinary circumstance | 8 CFR 287.3(d) |
| Consulate | Every detained person is told they may communicate with their country’s consular officers | 8 CFR 236.1(e) |
Questioning is not the same as detention or arrest
The regulation separates three things. The first is plain questioning. 8 CFR 287.8(b)(1) defines interrogation as questioning designed to elicit specific information and says: “An immigration officer, like any other person, has the right to ask questions of anyone as long as the immigration officer does not restrain the freedom of an individual, not under arrest, to walk away”.
The second is a brief detention for questioning, which 287.8(b)(2) allows only if the officer has “a reasonable suspicion, based on specific articulable facts” that the person is engaged in an offense against the United States or is an alien illegally in the United States. Under 287.8(b)(3), information from that questioning may be the basis for a later arrest.
The third is arrest. Under 287.8(c)(2)(i) an arrest shall be made only when the officer has reason to believe the person committed an offense against the United States or is an alien illegally in the United States. Paragraph (c)(2)(ii) requires a warrant of arrest except when the officer has reason to believe the person is likely to escape before one can be obtained. At the arrest, paragraph (c)(2)(iii) says the officer shall, as soon as it is practical and safe to do so, identify themselves as an immigration officer authorized to execute an arrest and state that the person is under arrest and the reason.
One sentence of the regulation addresses pressure directly: “The use of threats, coercion, or physical abuse by the designated immigration officer to induce a suspect to waive his or her rights or to make a statement is prohibited” (8 CFR 287.8(c)(2)(vii)).
Homes, businesses and farms: warrant or consent
8 CFR 287.8(f) covers what the regulation calls site inspections. Paragraph (f)(2) says an immigration officer may not enter the non-public areas of a business, a residence including the curtilage of the residence, or a farm or other outdoor agricultural operation to question the people there about their right to be in the United States, except as provided in section 287(a)(3) of the Immigration and Nationality Act, “unless the officer has either a warrant or the consent of the owner or other person in control of the site to be inspected”. When consent is given, the officer must note on the report that consent was given and, if possible, by whom.
Paragraph (f)(4) sets the limit the other way: an officer may enter any area of a business open to the public, and open fields that are not farms, without a warrant, consent or particularized suspicion to question a person believed to be an alien.
| Place | What 8 CFR 287.8(f) requires to enter and question |
|---|---|
| Residence, including the curtilage | A warrant or the consent of the owner or other person in control (subject to INA 287(a)(3)) |
| Non-public areas of a business | A warrant or the consent of the owner or other person in control (subject to INA 287(a)(3)) |
| Farm or other outdoor agricultural operation | A warrant or the consent of the owner or other person in control (subject to INA 287(a)(3)) |
| Public areas of a business; open fields that are not farms | No warrant, consent or particularized suspicion |
After an arrest without a warrant: what you must be told
8 CFR 287.3(c) applies to a person arrested without a warrant and placed in formal proceedings under section 238 or 240 of the Act. It does not apply to people subject to expedited removal under section 235(b)(1)(A). For everyone else it says the person “will be advised of the reasons for his or her arrest and the right to be represented at no expense to the Government”. The examining officer must also give the person a list of the free legal services in the district where the hearing will be held, note on Form I-862 (the Notice to Appear) that the list was provided, and “advise the alien that any statement made may be used against him or her in a subsequent proceeding”.
The phrase at no expense to the Government means the right is to a representative you find, not a lawyer the government pays for. The free-services list is the place to start. Our guide to finding an attorney or accredited representative and avoiding notario fraud explains how to check that someone is authorized before you pay or sign.
The first 48 hours: custody, the warrant and bond
- Custody decision. 8 CFR 287.3(d) says that, unless voluntary departure has been granted, a determination will be made within 48 hours of the arrest on whether the person stays in custody or is released on bond or recognizance, and whether a Notice to Appear and warrant of arrest will be issued. In an emergency or other extraordinary circumstance, the regulation allows an additional reasonable period of time.
- The warrant form. 8 CFR 236.1(b)(1) says that once a Notice to Appear is issued, and up to the end of removal proceedings, the person may be arrested and taken into custody under Form I-200, Warrant of Arrest.
- Bond review by a judge. 8 CFR 236.1(d)(1) says that after the initial custody determination (by the district director), including the setting of a bond, the person may, at any time before a removal order becomes final, ask the immigration judge to improve the conditions of release. If the person has already been released, that request must be filed within 7 days of release under the same paragraph. Under 8 CFR 236.1(c)(11), the judge cannot exercise this authority, and the paragraph (d) review does not apply, for a person beyond the immigration judge’s custody jurisdiction as provided in 8 CFR 1003.19(h).
Who can pay a bond and how is on our page on paying an ICE immigration bond. How a family finds someone in ICE custody (the Online Detainee Locator) is on the consular assistance page.
Asking for the Guatemalan consulate
8 CFR 236.1(e) says: “Every detained alien shall be notified that he or she may communicate with the consular or diplomatic officers of the country of his or her nationality in the United States”. The same paragraph then lists the countries whose treaties require immediate communication with their consulates. That list, read on eCFR on October 21, 2026, includes Belize and Costa Rica but not Guatemala. Guatemala is not on the mandatory-notification list, so the consulate is not told automatically; ask, or have family contact the consulate or MINEX.
What the consulate can and cannot do after that (visits, legal orientation, no bail payments promised) is on the consular assistance page. To find the consulate for the state where the person is held, use the consulate finder. From Guatemala, MINEX’s FAQ (read September 23, 2026) tells families to call the Dirección de Asuntos Consulares at 2410-0000, extension 1502, or go to a MINEX departmental office in Huehuetenango, Jutiapa or Quetzaltenango.
If you are a parent
ICE Directive 11064.4 (July 2, 2025) requires procedures under which ICE personnel “affirmatively inquire about parental or legal guardian status upon ICE’s first encounter with an alien” (section 5.1). Section 5.2 says that, absent signs of abuse or neglect, ICE personnel should accommodate a parent’s efforts to make alternative care arrangements for minor children before detention. How that works, and which Guatemalan papers to prepare for your children in advance, is on our family plan if a parent is detained page.
Registration papers
Separate from the stop rules above, federal law requires certain non-citizens to register and to carry proof of registration. Who that covers and what counts as proof is on our page on the US alien registration requirement and Guatemalans.
Get qualified help
These regulations describe what officers may and must do. They do not tell you what to say, and this page does not either. For advice about your own situation, talk to a licensed immigration attorney or an accredited representative of an organization recognized by the Justice Department’s Executive Office for Immigration Review (EOIR); our notario fraud guide explains how to check both. If you already have a court case, see checking an immigration court case.
Related pages
- Consular assistance if detained or hospitalized: the Vienna Convention rule, the detainee locator and what the consulate does.
- ICE check-in appointments: scheduling, rescheduling and address changes after release.
- Paying an ICE immigration bond.
- Cancellation of removal after 10 years: one defense an immigration judge can grant.
Sources
- 8 CFR 287.8, Standards for enforcement activities (eCFR, up to date as of 10/19/2026): https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-287/section-287.8
- 8 CFR 287.3, Disposition of cases of aliens arrested without warrant (eCFR): https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-287/section-287.3
- 8 CFR 236.1, Apprehension, custody, and detention (eCFR): https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-236/subpart-A/section-236.1
- ICE Directive 11064.4, Detention and Removal of Alien Parents and Legal Guardians of Minor Children (July 2, 2025): https://www.ice.gov/doclib/foia/policy/11064.4.pdf
- MINEX, Preguntas frecuentes (read September 23, 2026): https://www.minex.gob.gt/din/30-preguntas-frecuentes
eCFR and ICE sources read October 21, 2026. General information, not legal advice.
Frequently Asked Questions
Can an ICE officer question me on the street?
Yes. 8 CFR 287.8(b)(1) says an immigration officer, like any other person, has the right to ask questions of anyone as long as the officer does not restrain the freedom of a person who is not under arrest to walk away. Under 287.8(b)(2), the officer may briefly detain a person for questioning only with a reasonable suspicion, based on specific articulable facts, that the person is committing an offense against the United States or is an alien illegally in the United States.
Does ICE need a warrant to arrest me?
8 CFR 287.8(c)(2)(ii) says a warrant of arrest shall be obtained except when the designated immigration officer has reason to believe the person is likely to escape before a warrant can be obtained. When removal proceedings start, 8 CFR 236.1(b)(1) names Form I-200, Warrant of Arrest, as the authority for taking a person into custody. Whether a particular arrest met these rules is a question for a lawyer and an immigration judge.
Can ICE enter my home or the back of my workplace?
8 CFR 287.8(f)(2) says an immigration officer may not enter the non-public areas of a business, a residence including its curtilage, or a farm to question people about their right to be in the United States unless the officer has a warrant or the consent of the owner or other person in control of the site, with an exception for section 287(a)(3) of the Immigration and Nationality Act. Under 287.8(f)(4), public areas of a business and open fields that are not farms do not need a warrant or consent.
What must ICE tell me if I am arrested without a warrant?
8 CFR 287.3(c) says a person arrested without a warrant and placed in formal proceedings (except expedited removal cases) will be told the reasons for the arrest and the right to be represented at no expense to the government, will get a list of free legal service providers in the district, and will be told that any statement made may be used against them in a later proceeding.
Will ICE call the Guatemalan consulate for me?
8 CFR 236.1(e) says every detained alien shall be notified that he or she may communicate with the consular or diplomatic officers of his or her country. The same paragraph lists countries whose consulates must be told immediately; Guatemala is not on that list (Belize and Costa Rica are), so the consulate is not told automatically; ask, or have family contact the consulate or MINEX. Our consular assistance page explains what the consulate does once it knows.
How soon does ICE decide whether to keep me in custody?
8 CFR 287.3(d) says that, unless voluntary departure has been granted, a decision on whether the person stays in custody or is released on bond or recognizance will be made within 48 hours of the arrest, except in an emergency or other extraordinary circumstance, when it will be made within an additional reasonable period of time.
