KNOW YOUR RIGHTS: Immigrants’ Rights
Regardless of your immigration status, you have guaranteed rights under the Constitution. Learn more here about your rights as an immigrant, and how to express them.
The "Select a Scenario" section below is designed to help you understand your rights in various situations involving immigration enforcement or interactions with law enforcement. Each scenario provides practical guidance and clear information to empower you to make informed decisions and protect yourself and your loved ones. Whether you're at home, at work, in a car, or traveling, this section aims to provide you with the tools and knowledge to navigate these encounters with confidence. Click on each scenario to read more.
Select a scenario:
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DO CARRY:
A valid work permit, green card OR municipal ID, U.S. Issued Government ID (state ID or driver’s license).
Proof of lawful status and/or USCIS receipts of pending application.
The contact information to an immigration attorney.
Two-year proof of living in the U.S.. For example: utility bills, gym membership.
Know Your Rights card.
DO NOT CARRY:
Documentation of your country or origin.
False identity documents or false immigration documents.
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How to Protect Yourself in Encounters with Law Enforcement
Minimize Risk:
Stay calm and composed. Do not run, argue, resist, or obstruct officers, even if you believe your rights are being violated. Keep your hands visible at all times.
Avoid lying about your immigration status or providing false documents.
Know Your Rights:
You have the right to remain silent. You are not required to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you say can be used against you in immigration court.
If you are not a U.S. citizen and an immigration agent asks to see your papers, you must show them if you have them with you.
If asked for consent to search, you have the right to say no. Immigration agents cannot search you or your belongings without your consent or probable cause.
If you’re over 18, carry your immigration papers at all times. If you don’t have them, inform the officer that you wish to remain silent or consult a lawyer before answering questions.
Steps to Take During an Encounter:
In some states, you may be required to provide your name to law enforcement if asked, but you are not obligated to answer additional questions.
If stopped while driving, you must show your license, registration, and proof of insurance. However, you do not need to answer questions about your immigration status.
Customs officers can ask about your immigration status at ports of entry.
Lawful Permanent Residents (LPRs): You must answer questions to establish your identity and residency status. Refusing to answer other questions may cause delays but cannot result in denial of entry.
Non-Citizen Visa Holders: Refusing to answer questions may lead to denial of entry into the U.S.
Always remain respectful and assert your rights calmly when interacting with law enforcement or immigration officials.
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How to Protect Yourself and Your Family
Minimize Risk:
Stay calm and avoid resisting or obstructing officers or agents.
Do not lie or provide false documents.
Be prepared in case of arrest: memorize important phone numbers, including those of your family and lawyer, and make emergency plans for children or medical needs.
Understand Your Rights:
You have the right to remain silent. If you choose to exercise this right, say it out loud. (In some states, you may be required to provide your name when asked.)
You do not have to consent to a search of yourself or your belongings. However, officers may pat down your clothing if they suspect you have a weapon.
If arrested by police, you have the right to a government-appointed lawyer.
If detained by ICE, you have the right to consult with a lawyer, but the government is not obligated to provide one. You may request a list of free or low-cost legal services.
You are not required to answer questions about your birthplace, citizenship, or how you entered the U.S., except in certain situations such as at international borders, airports, or for specific visa types (e.g., tourists or business travelers).
What to Do if Arrested or Detained:
State that you wish to remain silent and request a lawyer immediately. Do not provide explanations, sign documents, or make decisions without legal counsel.
If arrested by police, you have the right to make a local phone call. If you call your lawyer, the police cannot listen.
If detained by ICE, you have the right to contact your consulate or have an officer inform your consulate of your detention.
Memorize your immigration number (“A” number) and share it with your family to help them locate you if needed.
Keep copies of your immigration documents with someone you trust.
If you are a non-citizen, consult your lawyer about how a criminal conviction or plea could impact your immigration status. Do not discuss your status with anyone except your lawyer. If visited by an immigration agent while in jail, do not answer questions or sign any documents without first speaking to a lawyer. Request an interpreter if needed.
If You Believe Your Rights Were Violated:
Document everything you can remember, including officers’ names, badge numbers, patrol car details, agency names, and witness contact information.
Seek medical attention for any injuries and take photos of them.
File a written complaint with the agency’s internal affairs division or a civilian complaint board. In many cases, you can submit complaints anonymously.
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How to Protect Yourself During an Encounter with Police or ICE
Minimize Risk:
Stay calm and keep your door closed. Speaking through the door is safer and does not grant them permission to enter.
Know Your Rights:
You have the right to remain silent, even if an officer presents a warrant.
You are not required to let police or immigration agents into your home unless they have a specific type of warrant.
Police can legally enter the home of the person named in an arrest warrant if they believe that person is inside. However, a removal or deportation warrant (Form I-205) does not allow them to enter without your consent.
What to Do if Police or ICE Arrive:
Ask if they are immigration agents and why they are there.
Request to see their badge or identification through a window or peephole.
Ask if they have a warrant signed by a judge. If they claim to have one, request that they slide it under the door or hold it up to a window for inspection.
Do not lie, provide false documents, or sign anything without consulting a lawyer.
Do not open your door unless ICE presents a judicial search or arrest warrant specifically naming someone in your residence or areas to be searched at your address. If no such warrant is shown, keep the door closed and state, “I do not consent to your entry.”
If agents force their way in, do not resist. Instead, calmly say:
“I do not consent to your entry or 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 may legally enter your home.
Remaining calm and asserting your rights politely but firmly can help protect you during these situations.
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Ask if you can leave. If so, leave quietly.
You have the right not to be searched. Say out loud that you do not allow your belongings to be searched.
You have the right to remain silent. You do not have to share your immigration status with anyone, including where you were born, whether you are a citizen, or how you entered the country.
If you have valid immigration documents, you should show them to anyone. Never present false documents.
If you are arrested, you can say that you want to remain silent until you can find a lawyer.
You have the right to record your interaction with immigration agents as long as they do not interfere.
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How to Protect Yourself During Interactions with Law Enforcement or Immigration Agents
Minimize Risk:
Stay calm. Avoid running, arguing, or obstructing officers or agents. Keep your hands visible at all times.
If in a car, pull over to a safe location immediately. Turn off the engine, turn on the interior light, lower the window partway, and place your hands on the steering wheel. Provide your driver’s license, registration, and proof of insurance upon request.
If you are not a U.S. citizen and an immigration agent requests your papers, show them if you have them. Adults over 18 must carry their immigration documents at all times. If you do not have your papers, state that you wish to remain silent.
Your Rights:
In a Car:
Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you’re free to leave. If allowed, calmly exit the situation.
Officers or immigration agents cannot search your car without your consent unless they have probable cause to believe it contains evidence of a crime.
Border Patrol agents conducting “roving patrols” inside the U.S. must have reasonable suspicion of an immigration violation or federal crime to stop a vehicle. Any arrest or prolonged stop requires probable cause. You can ask agents to explain their probable cause.
During such interactions, both drivers and passengers can remain silent and decline to answer questions about their immigration status.
On an Airplane:
A pilot may refuse to transport a passenger they reasonably believe poses a safety threat. However, they cannot deny boarding based on religion, race, nationality, gender, ethnicity, or political beliefs.
If you believe you are wrongly placed on a "no-fly" list, review resources for addressing this issue.
On Buses and Trains:
Border Patrol agents may board buses and trains within 100 miles of the border, either at stations or during transit. They may ask passengers questions about immigration status or request immigration documents.
You are not required to answer these questions and may politely state that you do not wish to respond. You also have the right to remain silent.
If You Believe Your Rights Were Violated:
Document all details, including officer names, badge numbers, vehicle numbers, and agency affiliations.
Collect witness contact information.
If injured, seek medical attention promptly and photograph your injuries.
File a written complaint with the agency’s internal affairs division or a civilian complaint board. Complaints can often be submitted anonymously.
Remember, staying calm and asserting your rights respectfully is key during any interaction with law enforcement or immigration agents.
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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.
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Your Rights
You have the right to a hearing to challenge a deportation order unless you waive this right, sign a “Stipulated Removal Order,” or accept “voluntary departure.”
You have the right to an attorney, but the government is not required to provide one. Request a list of free or low-cost legal services. If you do not have a lawyer, ask the court for time to find one.
What to Do If You Are Arrested
If you are told that you do not have the right to see an immigration judge, consult with a lawyer immediately. While some situations may limit your access to an immigration judge, exceptions could apply to your case. Immigration officers may not always inform you of these exceptions, so it is critical to seek legal advice.
If you fear persecution or torture in your home country, inform an officer and contact a lawyer right away. You may have additional protections if this applies to you.
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How to Minimize Risk
Stay calm and composed when interacting with immigration officials. Avoid lying or providing false documents.
Never attempt to flee from an immigration checkpoint.
Your Rights
You have the right to remain silent. You may also state that you will only answer questions in the presence of an attorney, regardless of your citizenship or immigration status.
You are not required to answer questions about your immigration status. However, individuals on temporary visas (“nonimmigrants”) may be required to provide information about their status if asked.
Border Patrol agents cannot detain you without “reasonable suspicion” that you have violated immigration or federal law.
Immigration officers cannot arrest you without “probable cause,” meaning they must have concrete facts suggesting you have violated immigration or federal law.
At immigration checkpoints, agents can stop you and ask questions without suspicion, but these questions should be brief and related to verifying immigration status. Agents may also visually inspect your vehicle.
What to Expect
Individuals who entered the U.S. without inspection may be subject to expedited removal if specific criteria are met. If you are told you are subject to expedited removal, ask for the reason. If you fear persecution in your home country, immediately inform the agent of your fear.
At border crossings, federal authorities can conduct “routine searches” of your luggage or vehicle without a warrant or suspicion of wrongdoing.
If asked for documents, your response will depend on your status:
U.S. citizens are not required to carry proof of citizenship while inside the U.S.
Immigrants over 18 with valid immigration documents must carry them at all times. If asked to produce these documents, you must show them.
If you do not have immigration documents, you can decline the officer’s request, but the agent may proceed to ask additional questions.
Additional Resources:
Files are in PDF format and ready for download. Includes detailed information on ICE arrests and your rights if ICE comes to your home or stops you on the street, in a car, and at a courthouse.
ICE Encounters Booklet SPANISH
Know Your Rights Flyer SPANISH
ICE Encounters Booklet ENGLISH
Know Your Rights Flyer ENGLISH