@lienrag@mastodon.tedomum.net I am not a lawyer; nor am I deeply studied in the legalities, so you should double and triple check anything I say, and if it ever comes to it, speak to a lawyer.

That said, my understanding is that if you are not under arrest, ICE has no right to access your phone unless they have a judicial warrant. You can file a criminal complaint of theft in the local jurisdiction where it happened (local politicians sometimes recommend this: https://www.bostonglobe.com/2025/06/06/metro/ice-immigration-rights-bystander/ ). The Alasaad v. McAleenan ruling found such searches unconstitutional. I don't know what followup rulings might have occurred or whether the consensus has shifted since then. You definitely do not need to consent to a search either of your person or of your phone.

Even if arrested, you are not required to speak to anyone other than to say "I wish to remain silent", "I do not consent to a search", and "I wish to speak to an attorney". You are entitled to contact an attorney. They will confiscate your belongings, but you do not need to tell them the password to unlock your phone.

Practically speaking, this is an agency that is willing to shoot people dead knowing that even the president will openly spread lies about what happened. They will almost surely threaten someone to unlock their phone and will take a copy of its contents regardless of whether they are legally entitled to do that. How much one resists is a question of how much danger one anticipates and what they are comfortable with risking. I'm definitely in no position to make recommendations about something like that.