Know Your Rights

 

 Regardless of your immigration status, you have guaranteed rights under the Constitution. Learn more here about your rights as an immigrant.

What should I do if…Law enforcement asks about my immigration status?

YOUR RIGHTS:

  • You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.

  • If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you.

  • If an immigration agent asks if they can search you, you have the right to say no. Agents do not have the right to search you or your belongings without your consent or probable cause.

  • If you’re over 18, carry your papers with you at all times. If you don’t have them, tell the officer that you want to remain silent, or that you want to consult a lawyer before answering any questions.

WHAT TO DO IN SUCH AN ENCOUNTER:

  • In some states, you must provide your name to law enforcement if you are stopped and told to identify yourself. But even if you give your name, you don’t have to answer other questions.

  • If you are driving and are pulled over, the officer can require you to show your license, vehicle registration and proof of insurance, but you don’t have to answer questions about your immigration status.

  • Customs officers can ask about your immigration status when entering or leaving the country. If you are a lawful permanent resident (LPR) who has maintained your status, you only have to answer questions establishing your identity and permanent residency. Refusal to answer other questions will likely cause delay, but officials may not deny you entry into the United States for failure to answer other questions. If you are a non-citizen visa holder, you may be denied entry into the U.S. if you refuse to answer officers’ questions.

HOW TO REDUCE HARM TO YOURSELF:

  • Stay calm. Don’t run, argue, resist, or obstruct the officer, even if you believe your rights are being violated. Keep your hands where police can see them.

  • Don’t lie about your status or provide false documents.


What to do if…You’ve been stopped by police or ICE

YOUR RIGHTS

  • You have the right to remain silent. If you wish to exercise that right, say so out loud. (In some states, you may be required to provide your name if asked to identify yourself.)

  • You do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon.

  • If you are arrested by police, you have the right to a government-appointed lawyer.

  • If you are detained by ICE, you have the right to consult with a lawyer, but the government is not required to provide one for you. You can ask for a list of free or low-cost alternatives.

  • You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)

WHAT TO DO IF YOU ARE ARRESTED OR DETAINED

  • Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without a lawyer.

  • If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer.

  • If you have been detained by ICE, you have the right to contact your consulate or have an officer inform the consulate of your detention.

  • Remember your immigration number (“A” number) and give it to your family. It will help family members locate you.

  • Keep a copy of your immigration documents with someone you trust.

  • If you are a non-citizen: Ask your lawyer about the effect of a criminal conviction or plea on your immigration status. Don’t discuss your immigration status with anyone but your lawyer. While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer. Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.

If you believe your rights were violated…

  • Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.

  • If you’re injured, seek medical attention immediately and take photographs of your injuries.

  • File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.


What to do if…Police or ICE are at your home.

YOUR RIGHTS

  • You have the right to remain silent, even if officer has a warrant.

  • You do not have to let police or immigration agents into your home unless they have certain kinds of warrants.

  • If police have an arrest warrant, they are legally allowed to enter the home of the person on the warrant if they believe that person is inside. But a warrant of removal/deportation (Form I-205) does not allow officers to enter a home without consent.

HOW TO REDUCE RISK TO YOURSELF

  • Stay calm and keep the door closed. Opening the door does not give them permission to come inside, but it is safer to speak to ICE through the door.

WHAT TO DO WHEN THEY ARRIVE

  • Ask if they are immigration agents and what they are there for.

  • Ask the agent or officer to show you a badge or identification through the window or peephole.

  • Ask if they have a warrant signed by a judge. If they say they do, ask them to slide it under the door or hold it up to a window so you can inspect it.

  • Don’t lie or produce any false documents. Don’t sign anything without speaking with a lawyer first.

  • Do not open your door unless ICE shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address. If they don’t produce a warrant, keep the door closed. State: “I do not consent to your entry.”

  • If agents force their way in, do not resist. If you wish to exercise your rights, state: “I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.”

  • If you are on probation with a search condition, law enforcement is allowed to enter your home.


What to do if…you are detained while your immigration case is underway.

YOUR RIGHTS

  • Most people who are detained while their case is underway are eligible to be released on bond or with other reporting conditions.

  • You have the right to call a lawyer or your family if you are detained, and you have the right to be visited by a lawyer in detention.

  • You have the right to have your attorney with you at any hearing before an immigration judge.

WHAT TO DO IF YOU ARE DETAINED

  • If you are denied release after being arrested for an immigration violation, ask for a bond hearing before an immigration judge. In many cases, an immigration judge can order that you be released or that your bond be lowered.

Every person has rights! For a full list of scenarios and additional information from the ACLU, please click here: