Immigration officers may arrest any alien if the officer views the alien entering or attempting to enter 
the US in violation of any law or if the officer has reason to believe the alien is in the US in violation 
of any law and is likely to escape if not arrested. A non-citizen may be arrested by DHS Federal 
Immigration law states that any immigration officer may interrogate any alien or person believed to be 
an alien concerning his or her right to be or remain in the United States.  

Immigration officers may arrest any alien if the officer views the alien entering or attempting to enter 
the US in violation of any law or if the officer has reason to believe the alien is in the US in violation 
of any law and is likely to escape if not arrested. Arrest without a warrant Federal law allows an 
immigration officer to arrest any alien in the United States without a warrant, if he/she has reason to 
believe that the alien is in the United States in violation of any law or regulation and is likely to 
escape before a warrant can be obtained for his arrest.  The arresting officer must base his/her belief 
on something more than mere suspicion.  

While the arresting officer need not provide the arrested individual a Miranda warning the officer 
must still inform the individual of (1) the reason for the arrest; (2) right to counsel; and (3) right to 
remain silent. Arrest with a warrant Any individual may be arrested upon the issuance of an arrest 
warrant.  If ICE issues a warrant for the arrest of any individual it must also issue a Notice to Appear 
before the immigration court to contest the removal.  ICE agents must serve the warrant within a 
reasonable period of time.  Arresting agents are required to inform non-citizens at the time of arrest of 
the reason for the arrest and of their rights.