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Know Your Rights When Facing Immigration Officials
The United States Constitution guarantees certain basic rights to every single person while they are in this country regardless of immigration status.
Below, find your basic rights while you are physically in the United States. You should know your rights if you have an encounter with law enforcement or an immigration agent (ICE):
You have the right to remain silent.
● You have the right to remain silent. If you wish to exercise this right, say so out loud.
● You have the right not to answer any questions.
● You have the right not to say anything about where you were born or how you entered the United States.
You have the right to speak to an attorney.
● You can ask for a lawyer immediately. You can say “I need to speak to my attorney.”
● You may have your lawyer with you if ICE or any other law enforcement questions you.
● If you are detained by immigration enforcement, 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 sign anything until you talk to a lawyer. ICE may try to get you to sign away your right to see a lawyer or a judge. Be sure you understand what a document says before signing it.
You do not need to open your door without a valid warrant.
● To be allowed to enter your home, ICE must have a warrant signed by a judge with your correct name and address on it.
● You do not have to open your door unless an ICE agent shows you a valid warrant.
● If an ICE agent wants to show you a warrant, they can hold it against a window or slide it under the door.
● 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) may not allow officers to enter a home absent exigent circumstances (e.g., risk of harm to the public, potential destruction of evidence) or the owner’s consent.
You may want to carry with you any valid immigration documents you may have.
● If you’re over 18, you may want to carry your papers with you at all times.
● If you have a valid work permit or green card, you may want to have it with you in case you need to show it for identification purposes.
● 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.
● You may want to leave papers from another country at home, such as a foreign passport. Such papers could be used against you in the deportation process.
● Do not carry any false documents.
● You may want to carry a know-your-rights card to help you exercise your rights if you are stopped by ICE or the police.
Make an emergency plan with your family, contact a lawyer in advance, and memorize at least one emergency phone number.
LEGAL DISCLAIMER: This document is for general informational purposes only. Its contents are not legal advice. If you need legal advice, please contact an attorney.