Know Your Rights When Facing Immigration Enforcement

Understanding your constitutional rights can help protect you and your family during encounters with 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 hardship in their homelands in search of opportunity and safety in the United States.

Sadly, the nation’s immigration system is fundamentally unjust and tragically inhumane. Instead of extending humanity and compassion, migrants and refugees are often treated as criminals.

The right to due process is a cornerstone of the U.S. legal system. It does not matter what your immigration status is. You have rights under the Constitution, and it is critical to understand them.

Below are your basic rights while physically present in the United States and how to assert them in your home, in public, or anywhere else.

Remain Calm

• 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 law enforcement questions you.
• If you are detained by immigration enforcement, you have the right to consult with a lawyer. The government is not required to provide one, but you may 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 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.
• Do not open your door unless an ICE agent shows you a valid warrant.
• ICE agents may hold a warrant against a window or slide it under the door.
• A warrant of removal or deportation (Form I-205) may not allow officers to enter a home without exigent circumstances or the owner’s consent.

Carry Valid Immigration Documents If You Have Them

• If you are over 18, carry your papers with you if you have them.
• If you do not have them, tell the officer you want to remain silent or consult a lawyer.
• If you have a valid work permit or green card, carry 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.

Searches and Personal Property

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

Additional Important Guidance

• Do not carry papers from another country, such as a foreign passport. These could be used against you in deportation proceedings.
• Do not carry any false documents.
• Always carry a Know Your Rights card if possible.
• If you witness ICE activity such as a raid or arrest, you have the right to document it through video, photos, or written documentation.

Families are encouraged to make an emergency plan, contact a lawyer in advance, and memorize at least one emergency phone number.

Legal Disclaimer: This information is for general informational purposes only and is not legal advice. If you need legal advice, contact an attorney.