Know Your Rights When Facing Immigration Enforcement
Immigrants have been the backbone to the development of our nation since its founding. Many immigrants and refugees have escaped war, oppression and socioeconomic strife in their homelands to seek better opportunities in the United States.
Sadly, our nation’s immigration system is fundamentally unjust and tragically inhumane. Instead of extending humanity and compassion to migrants and refugees, our country often treats them like criminals. This has only been exacerbated by President Donald Trump and his Administration.
Let’s be clear – the right to due process is a cornerstone of our legal system. It doesn't matter what your immigration status is — you have rights under our Constitution, and you should know what they are in the event that it becomes necessary.
Below, find your basic rights while you are physically in the United States. Learn what they are and how to assert them, whether that be in your home, out in your community, or anywhere else.
Remain as calm as possible and do not run away.
● If you run away, ICE or the police may use this against you in court.
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.
● Ask for a lawyer immediately. You can say “I need to speak to my attorney.”
● You do not need to show documents before speaking with a lawyer.
● 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.
● Do not sign anything until you talk to a lawyer. ICE may try to get you to sign your right away 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 absent 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.
● Do not 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..
Always carry with you any valid immigration documents you may have.
● 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.
● If you have a valid work permit or green card, be sure 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.
● Do not carry papers from another country with you, such as a foreign passport. Such papers could be used against you in the deportation process.
● Do not carry any false documents.
● Always carry a know-your-rights card to help you exercise your rights if you are stopped by ICE or the police.
If you witness ICE activity such as a raid or arrest, you have the right to document it through videos, photos, and written documentation.
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 are in need of legal advice, please contact an attorney.
