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Know your rights

Draft: this page has not yet been reviewed by a legal organization. It is general information, not legal advice.

Everyone in the United States has certain rights under the Constitution, whatever their immigration status. This page is general information, not legal advice. For advice about your own situation, talk to a lawyer or one of the organizations on the Local help page.

Local help and hotlines

In any encounter

  • Stay calm. Do not run, argue or resist, even if you believe your rights are being violated.
  • You have the right to remain silent. You can say: “I wish to remain silent and speak to a lawyer.”
  • Never lie about your status and never show false documents.
  • You can ask: “Am I free to leave?” If the answer is yes, walk away calmly.
  • Do not sign anything you do not understand before talking to a lawyer.

At your door

  • Keep the door closed. You do not have to open it.
  • Ask the officers to show a warrant through a window or slide it under the door.
  • Only a warrant signed by a judge allows officers to come in without your permission. A form signed by an immigration officer (an ICE or DHS “administrative warrant”) does not.
  • You can say: “I do not consent to your entry.”
  • If officers come in anyway, do not resist. Say that you do not consent, and remain silent.

In public or in a car

  • Immigration officers do not need a judge's warrant to arrest someone in a public place or to stop a car. Your right to remain silent still applies.
  • You can refuse to consent to a search of yourself or your belongings.
  • Passengers in a car also have the right to remain silent.

At work

  • Officers can go into the public areas of a business, such as a lobby, dining area or parking lot, without permission.
  • To go into areas that are for employees only, they need a warrant signed by a judge or the employer's permission.
  • Being in a public area does not by itself give officers the authority to question or detain you. You can remain silent.

If you or a family member is detained

  • You have the right to speak to a lawyer. In immigration court the government does not provide one for free, so ask the organizations on the Local help page.
  • Do not sign any papers before talking to a lawyer.
  • Memorize the phone numbers of a family member and a legal organization, in case your phone is taken.
  • Family members can call a rapid-response hotline for help finding someone who was detained.

Be prepared

  • Carry a “red card”. It states your rights and you can hand it to an officer instead of speaking. Red cards are free from the Immigrant Legal Resource Center.
  • Make a family plan: who picks up the children, who has copies of important documents, who to call.
  • Keep important documents in a safe place that someone you trust can reach.

If you see enforcement activity

  • In a public place you generally have the right to watch and to record from a safe distance.
  • Do not interfere with or obstruct officers, and follow their instructions to move back.
  • Call a rapid-response hotline, and report what you see on the map.

Where this comes from

This page summarizes the public guides below. Read them for more detail and for other languages.

  • ACLU: Immigrants' Rights
  • ACLU of Northern California: If ICE Confronts You
  • Immigrant Legal Resource Center: Red Cards
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