Can I Follow ICE and Record Their Actions in Michigan? A Safety‑First Rights Guide

Filming ICE in public may be lawful, but interference can trigger arrest. Learn Michigan recording basics, safe-distance tips, and what to do if agents demand ID.

When enforcement actions happen in public, people want accountability. A common question is: “Can I record ICE?” Another is: “Can I follow at a distance to document what’s happening?”

This guide is general information and is not legal advice for your exact situation.

1) The big rule: record from a safe distance and don’t interfere

In plain terms:

• Recording in public is often protected, but

• interfering is not protected

“Interference” can include:

• blocking movement

• approaching too close after being ordered back

• physically inserting yourself between agents and a person

• refusing lawful orders during an active enforcement event

Best practice: record calmly, narrate the time/place, and keep your hands visible.

2) Michigan recording law: what people misunderstand

Michigan’s eavesdropping statute addresses “private conversations.”Michigan courts have recognized that a participant in a conversation can record without violating the eavesdropping statute (the “participant exception”).

Practical takeaway:

• If you are part of the interaction (ICE is speaking to you), recording is generally safer legally than secretly recording a private conversation between others.

• If you’re a bystander, focus on recording video of what you can see in public spaces, and avoid recording what appears to be a truly “private” conversation.

3) “Do I have to show ID if ICE demands it?”

This depends heavily on context.

If you are driving in Michigan

Michigan law requires drivers to have and display a license upon demand of a police officer. If you’re stopped, refusing to provide ID can escalate fast—legally and physically.

If you are not driving (walking, shopping, etc.)

There is no universal rule that you must produce papers on demand in every setting. The Supreme Court has upheld “stop-and-identify” statutes in some circumstances (e.g., requiring a person to state their name during a valid Terry stop), but those rules are state-specific and fact-specific.

If you are a noncitizen

Federal law requires certain noncitizens to carry registration documents and show them on request in some circumstances (this is a high-stakes area—get immigration counsel fast).

Safety-first scripting you can publish:

• “Officer/Agent, am I free to leave?”

• “I’m going to remain silent. I want to speak with a lawyer.”

• “I do not consent to any search.”

4) Can ICE order me out of my car?

During lawful stops, courts recognize officer authority to order occupants out of a vehicle. Even if the stop is later found unlawful, physically resisting on-scene is the worst possible play.

5) Can ICE take my phone or knock it away?

If you’re recording and an agent seizes the phone, that becomes a major legal issue—but the safest guidance remains:

• Don’t fight over the device.

• Say: “I do not consent to the seizure/search of my phone.”

• Get to counsel immediately, and preserve backups (cloud, livestream, etc.).

FAQ

Can I record ICE in public? Often yes, if you don’t interfere—especially when recording what is plainly visible in a public place. Michigan’s “private conversation” law is the key nuance.

Can I follow ICE? You can move in public areas, but once you interfere or trespass, you risk arrest. Always prioritize distance and safety.

Free consultation

If you recorded an ICE incident in Michigan and agents used force, seized property, broke a window, or detained someone unlawfully, contact The Cromer Law Group PLLC at (248) 809‑6790 for a free consultation.