Know Your Rights: What to Expect if You Are Arrested Protesting ICE in Philadelphia

If you plan to attend any peaceful protests in Philadelphia, save this information. Or, better yet, share this article with a friend who wants to attend a protest and make their voice heard.

The Philadelphia City Council is currently considering a legislative package to protect immigrant communities. Currently, Philadelphia limits cooperation with ICE under Executive Order 5-16. This means that the Philadelphia Police Department generally does not honor ICE detainer requests. Federal agents can still operate in the city, and PPD will still arrest protesters who break the law, regardless of the protest’s cause. The “ICE OUT” legislative package may change things- we will keep you updated.

Remember, you are not alone. Protests are a right that many people use to join together to stand up for what they believe in. Many great organizations send legal observers to document protests and make sure that protestors are able to exercise their First Amendment Rights and not be harmed. The Philadelphia Police Department sends Civil Affairs offices. The proven criminal defense attorneys at the Law Offices of M.J. Snyder, LLC have successfully defended protesters in high-profile . Reach out for a free consultation by calling 215.515.3360 or contacting us online today.

Use this guide to learn how to protest ICE effectively and legally, get information on your rights to protest, and find out what you need to do if you’re arrested at a protest.

Pennsylvania Protest-Specific Legal Protections

• You cannot be arrested solely for exercising your First Amendment rights. Police need probable cause that you’ve committed a crime. Simply holding a sign critical of ICE or chanting anti-government slogans is protected speech.
• You have the right to observe and photograph police. The First, Fourth, and Fourteenth Amendments protect your right to record police in public spaces. Officers cannot demand you stop filming or seize your phone without a warrant, although this is frequently violated.
• You cannot be singled out based on your message. Content-based discrimination violates the First Amendment. Arresting anti-ICE protesters while leaving pro-ICE protesters alone is discriminatory. Document any unbalanced treatment.
  You have the right to peaceful protest on public property around federal buildings. While federal property has additional restrictions, peaceful protest on sidewalks and designated public areas around federal buildings is constitutionally protected.
• Police must give clear dispersal orders. Before arrests for failure to disperse, police must give clear, audible warnings with reasonable time to comply. Ambiguous or inaudible warnings don’t satisfy legal requirements.

The right to peaceful protest is protected by the First Amendment, and the ACLU has documented extensively that peaceful protest is a cornerstone of democracy.

For a free legal consultation, call 215.515.3360

When Does Protesting Become Illegal in Philadelphia?

One of the most common questions we receive is: “When does protesting become illegal?” The answer isn’t always straightforward. This is what the law says:

Blocking building entrances or exits

This transforms a legal protest into obstruction under both federal and state law. The Callowhill ICE facility has specific access points that must remain clear for emergency vehicles and personnel. Even sitting peacefully in a doorway can result in arrest for 18 U.S.C. § 1507  for obstruction of a federal building. When you prevent others from accessing buildings or conducting lawful business, this is when protesting becomes illegal.

Trespassing on federal property

Moving beyond designated public areas can result in federal charges prosecuted by the U.S. Attorney’s Office for the Eastern District of Pennsylvania. Respecting property boundaries is key to protesting without facing federal prosecution.

Disorderly conduct or failure to disperse

When police issue a lawful order in Philadelphia, officers must give clear warnings before making arrests at protests, typically three announcements. Pennsylvania’s disorderly conduct statute, 18 Pa.C.S. § 5503, requires that you create a “hazardous or physically offensive condition” or refuse to comply after a warning. Determining when protesting becomes illegal often depends on whether you disperse when lawfully ordered.

Assaulting officers or resisting arrest

This can be the ICE agent’s method for escalating misdemeanor charges to felonies. Even passive resistance like going limp or locking arms, can be charged as obstruction under 18 Pa.C.S. § 5104. Prosecutors may pursue these charges aggressively, even in cases where video evidence shows minimal resistance.

Damaging property or vandalism

Damaging property immediately converts your peaceful protest into criminal activity. Graffiti, breaking windows, or destroying property are never protected forms of protest and will result in criminal charges, if caught.

Inciting violence or making true threats

Being a violent threat to the public or to an officer removes First Amendment protections. While heated rhetoric is generally protected, direct incitement to imminent lawless action is not. The 1969 case of Brandenburg v. Ohio set the line on where language becomes incitement of violence.

Legal and Practical Preparation for How to Protest Against ICE in Philadelphia

Making sure that you are properly prepared may help you avoid being accused of an illegal activity during a protest. Based on the cases we’ve seen and defended, protesting ICE follows some standard protesting safety tips.

Write a legal support number on your arm in permanent marker

Write the number for your lawyer or a legal assistance hotline. Lawyers at the Law Offices of M.J. Snyder can be reached at 215.515.3360. Be sure your defense counsel number is prominently displayed, and it cannot be wiped away with water.

Contact official “Legal Observers” before heading out

The National Lawyers Guild Philadelphia chapter provides legal observers at many protests in Philadelphia who wear distinctive green hats and document police activity. Reach them at NLGPhillyLO@nlgphilly.org. The more eyes on the situation, the better. There are other fabulous organizations in Philadelphia that will provide legal support and jail support.

Study your rights before attending

Downloadable materials to know your rights to protest are available from the ACLU, National Lawyers Guild, and organizations like the Pennsylvania Immigration and Citizenship Coalition.

Bring minimal identification but understand your obligations

You don’t have to show ID unless you’re driving or being arrested. However, in Philadelphia, refusing to identify yourself after arrest can prolong your detention. Comply with identification requests after arrest to avoid delay or additional charges, but don’t volunteer information beyond basic identification.

Leave unnecessary items at home

This includes excess cash, prescription medications without bottles, drugs (even small amounts of marijuana, despite Philadelphia’s decriminalization ordinance), and anything you wouldn’t want confiscated or used against you. Your phone can be searched in some circumstances, so consider using a burner phone or password-protecting everything with biometric locks disabled. Your biometrics can be forced, your password cannot.

Designate an emergency contact and set up a “Safety Call”

Choose someone who knows your plans and can help if you’re arrested. Share your lawyer’s information with them. Give them your attorney’s name and number, your emergency contact’s information, any medical conditions, and whether you consent to photographs of your arrest being shared publicly. Then plan a call at a designated time to check in to verify your safety.

Dress appropriately

Wear closed-toe shoes, layers for changing weather, and nothing that could be grabbed easily. Be aware of mask laws. You may want to avoid wearing something that obscures your face but take your health seriously and protect yourself. Bring a water bottle. Do not bring weapons, controlled substances, or paraphernalia.

Understand the specific protest location

Research whether you’ll be on public or private property. For Philadelphia protests at the ICE facility on 1600 Callowhill, understand that while sidewalks are public, the building itself is federal property with different rules. If you block the movement of federal employees or vehicles, you may also be prosecuted.

Create a safety plan to move through the protest area

Identify exit routes, meeting points if separated from your group, and nearby safe spaces. Know where the nearest SEPTA stations are located. The Spring Garden station on the Broad Street Line serves the Callowhill ICE office.

Immediate Actions and What to Do If Arrested at a Philadelphia Protest

Regardless of all your preparation, you might still be arrested. Arrests happen at protests in Philadelphia, legally or illegally, detaining people in the chaos of a protest. Knowing what to do if arrested at a protest can dramatically affect your case outcome.

Invoke your rights immediately and explicitly

Say clearly and loudly: “I am exercising my right to remain silent. I want to speak to a lawyer.” Then stop talking. This invokes both your Fifth Amendment right against self-incrimination and your Sixth Amendment right to counsel. Philadelphia police should honor this, but ICE agents operate under federal protocols and may continue questioning. DO NOT ENGAGE! Simply repeat your request for a lawyer and show the number written on yourself for your legal team.

The Supreme Court case Miranda v. Arizona established these protections, but the case, Berghuis v. Thompkins, clarified that you must explicitly invoke them. Silence alone isn’t enough. You must affirmatively state you’re invoking your rights.

Do not resist physically, even if you believe the arrest is unlawful

This is critical advice for anyone learning what to do if arrested at a protest. Resistance adds charges like 18 Pa.C.S. § 5104 or even aggravated assault if an officer claims injury. A lawyer can successfully beat the underlying charges for clients only to have them convicted on resistance charges. Challenge unlawful arrests in court, not on the street.

Comply with physical commands while continuing to assert your rights

If told to put your hands behind your back so the officer can search you, do it while saying, “I do not consent to this search. I want a lawyer.” Compliance protects you from additional charges while preserving your legal challenges.

Document everything mentally; write it down when you can

Note badge numbers, exact time, location, what was said, who witnessed it, whether you were injured, and whether Miranda warnings were given. Since you won’t have access to your phone, mental documentation is crucial. Philadelphia’s relatively compact protest zones make witness identification easier. Do not share your recollection, written or otherwise, with anyone but your lawyer. If you have a video, make sure that the video is safe. If your phone fell and was damaged, would you be able to show the evidence to your lawyer?

Alert legal observers, if present

National Lawyers Guild legal observers in green hats attend many Philadelphia protests. Make eye contact and clearly state your name so they can document your arrest.

What if You are Arrested During an ICE Protest and What Happens During Processing

If you are arrested during a protest, you could be taken to many locations, but expect processing at the Police Administration Building at 400 North Broad Street if you were arrested by the Philadelphia police. If you’re arrested by federal agents or ICE, you would be processed at the Federal Detention Center at 700 Arch Street. Ask where you are when you arrive at a processing location so you can inform your loved ones, and a lawyer should be able to locate you in the system.

If you’re arrested at a Philadelphia protest for state charges and also have immigration concerns, PPD could transfer you to ICE custody upon release, or they might alert immigration authorities. Our law office works closely with immigration lawyers to help you. We take our obligation under Padilla v. Kentucky very seriously. However, if arrested by federal agents on federal property, this protection doesn’t apply.

Realistic Timeline of Arrest Processing in Philadelphia

• Immediate detention and transport (0-2 hours). You’ll be handcuffed, usually with heavy plastic flex cuffs at mass arrests, and placed in a police vehicle or transport van. At large protests, you may wait in the van for extended periods while other arrests are completed.
• Booking and processing (2-8 hours). At the Roundhouse, you’ll be searched, photographed, and fingerprinted. Your belongings are inventoried and stored. You’ll be asked basic biographical questions. Answer these basic questions about name, address, and date of birth, but nothing about the alleged offense. Continue asserting your right to legal counsel.
• Medical screening. Officers will ask about medical conditions and medications. Be honest if you need medication or have a condition requiring monitoring, tell them. Philadelphia has faced lawsuits over denial of medical care to detainees. This isn’t incriminating information and protecting your health is important.
• Charging decision (4-12 hours). Prosecutors review arrest reports and decide what charges to file. For minor offenses like disorderly conduct (18 Pa.C.S. § 5503), you’ll likely face a summary or misdemeanor citation. For federal charges or serious state offenses, the process takes longer.
• Bail arrangements (6-24 hours). For minor charges, you may be released on your own recognizance with a citation to appear in court. More serious charges require bail hearings at the Criminal Justice Center at 1301 Filbert Street within 24 hours under Pennsylvania Rule of Criminal Procedure 540. The Philadelphia Community Bail Fund assists protesters who cannot afford bail.

Resources for Legal Representation for Philadelphia Protesters

The ACLU offers the Mobile Justice PA App, a free smartphone app that allows Pennsylvanians to automatically record and upload cell phone videos of public interactions with law enforcement to the ACLU-PA.

Pennsylvania Immigration and Citizenship Coalition (PICC) offers legal services and extensive “Know Your Rights” training, specifically on how to protest ICE.

Juntos Philadelphia is a Latinx immigrant rights organization with a rapid response network for ICE raids and deportations. They coordinate many protests in Philadelphia and provide community support.

Up Against The Law Legal Collective provides legal support specifically for activists and maintains relationships with sympathetic attorneys. They are an excellent resource for legal support and jail support.

Movement Alliance Project connects protesters with experienced attorneys who understand both the law and the movement.

If you’re not a U.S. citizen, consult an immigration attorney before protesting. Here are a few organizations offering immigration legal services: HIAS Pennsylvania, Nationalities Service Center, and the Pennsylvania Immigration Resource Center.

To learn more about the Pennsylvania legal system, read more at:

• What rights do Prisoners have?
• What is a Formal Arraignment?
• How Long can Police Detain you?
• 7 Questions to ask Before Hiring a Defense Attorney

Were you or a loved one arrested at a protest? Schedule your free consultation with our proven criminal defense attorneys at the Law Offices of M.J. Snyder, LLC by calling 215.515.3360 or contacting us online today. We can thoroughly investigate your case, explain your options, and fight for the best possible outcome.