Know Your Rights: Immigration Status and Law Enforcement

When Law Enforcement Questions Your Immigration Status

Protecting Yourself During the Encounter. The most important thing to remember is keeping your composure. Running away, getting into arguments, or physically resisting will only make things worse for you, even when you're certain your rights are being trampled on. Make sure officers can always see your hands. Never lie about your immigration status or hand over fake documents. This will backfire spectacularly and create much bigger problems down the road.

Understanding What Rights You Actually Have. Here's something many people don't realize: you're not obligated to discuss your immigration status or citizenship with police, immigration agents, or any other officials. You can simply stay quiet. However, anything you do choose to say can and will be used against you later in immigration proceedings.There's one important exception: if you're not a U.S. citizen and an immigration agent specifically asks for your papers, you must show them if you're carrying them.

When agents ask permission to search you, you can refuse. They don't automatically have the right to go through your belongings or pat you down without your consent or probable cause.

If you're 18 or older, keep your immigration documents with you at all times. Don't have them on you? Tell the officer you want to stay silent or speak with an attorney before answering questions.

Handling These Situations in Real Life. Depending on which state you're in, you might need to give your name when stopped and asked to identify yourself. But even after providing your name, you don't have to answer anything else. During traffic stops, officers can ask for your license, registration, and insurance proof, but they can't force you to discuss your immigration status.

Border crossings are different. Customs officers have broader authority to ask about your immigration status when you're entering or leaving the country. If you're a lawful permanent resident who's kept your status current, you only need to answer questions about your identity and permanent residency. Refusing to answer other questions might delay you, but they can't deny you entry to the U.S. for staying quiet on non-essential questions. Visa holders, however, could face entry denial if they refuse to cooperate with officers' questions.

Getting Additional Help. For more detailed information, reach out to your local ACLU affiliate or check these resources:

• National Immigration Law Center: Know Your Rights
• Toolkit for Organizations Responding to Mass Worksite Immigration Raids
• Immigrant Legal Resource Center
• American Immigration Lawyers Association

If You're Stopped by Police or ICE

Keeping Yourself Safe. Stay calm and don't resist or get in the way of agents or officers, no matter how frustrated you feel. Don't lie or provide fake documents—this always makes things worse.

Get yourself and your family prepared for the possibility of arrest. Memorize important phone numbers for family members and your lawyer. Have emergency plans ready, especially if you have children or take medication regularly.

Your Legal Rights. You have the right to remain silent. If you want to use this right, say it clearly out loud. (Some states require you to provide your name when asked to identify yourself, but that's it.). You don't have to agree to searches of your person or belongings, though police might pat down your clothing if they suspect you're carrying a weapon.

If police arrest you, you're entitled to a government-appointed lawyer. If ICE detains you, you c an consult with an attorney, but the government won't provide one for you. You can ask for a list of free or low-cost legal help.

You don't have to answer questions about where you were born, whether you're a U.S. citizen, or how you got into the country. (Different rules apply at international borders and airports, and for people on certain nonimmigrant visas, including tourists and business travelers.)

What to Do When Arrested or Detained. Immediately say you want to remain silent and ask for a lawyer. Don't try to explain yourself, make excuses, or provide any information. Don't sign anything or make decisions without legal representation. If police arrest you, you can make a local phone call. Police cannot eavesdrop if you're calling a lawyer. If ICE detains you, you can contact your consulate or ask an officer to inform them about your detention. Remember your immigration number (your "A" number) and share it with your family. This will help them locate you if you're detained.

Keep copies of your immigration documents with someone you trust. For non-citizens: Talk to your lawyer about how a criminal conviction or plea might affect your immigration status. Don't discuss your immigration situation with anyone except your attorney. While you're in jail, an immigration agent might visit you. Don't answer questions or sign documents before speaking with a lawyer. Read everything carefully. If you can't understand or read the papers, tell the officer you need an interpreter.

If You Think Your Rights Were Violated. Write down everything you can remember: officers' badge numbers, patrol car numbers, which agency they were from, and any other details. Get contact information from witnesses. If you're injured, get medical attention immediately and photograph your injuries.

File a written complaint with the agency's internal affairs division or civilian complaint board. In most cases, you can file anonymously if you prefer.

Protecting Yourself When Officers Arrive

When you hear knocking or see officers at your door, your first and most important response should be to remain calm and keep the door closed. Do not open the door and teach your children not to open the door. Opening the door does not give officers permission to enter, but it can create safety risks and opportunities for them to claim exigent circumstances or to use deceptive tactics to gain entry.

The most critical thing to understand is that ICE agents are allowed and encouraged to use ruses—they often pretend to be local law enforcement to hide that they are ICE, knowing that people are unlikely to give consent if they know the agents are ICE. These deceptive practices are documented in ICE training materials, which state that agents use ruses "to control the time and location of a law enforcement encounter" and to prevent targets from fleeing.

Stay calm and communicate through the closed door. Your first questions should be direct and specific: Ask if they are immigration agents and what they want. Request to see badges or identification through your window or peephole. Most importantly, ask if they have a warrant signed by a judge. If they claim to have a warrant, ask them to slide it under the door or hold it up to a window where you can examine it carefully.

Understanding Warrant Requirements and Your Rights

The type of warrant makes all the difference in determining what officers can legally do. There are important differences between judicial and administrative warrants that should be visible on the face of the warrant. Administrative warrants typically include the seal or label of an agency like DHS, the signature of an immigration officer, a title containing the word "alien," and a statement that authority comes from immigration law. By contrast, a judicial warrant will be issued under federal court authority, signed by a federal judge or magistrate, and will state the specific address to be searched and time period for the search.

A removal warrant does not authorize ICE officers to enter into a reasonable expectation of privacy (REP) area like your home to execute the war rant. What this means practically is that ICE officers have authority to arrest someone named in an administrative warrant only if they locate that person in a public, non-REP location, such as walking down a public sidewalk. If ICE locates someone in an REP area such as their home, the administrative warrant authorizes arrest of the subject, but not entry into the REP area unless consent to enter is given.

Your constitutional rights remain firm regardless of the warrant type. You have the right to remain silent even when officers claim to have a warrant. You do not have to let police or immigration agents into your home unless they have specific types of judicial warrants. If police have an arrest warrant for a specific person, they can legally enter the home of that person if they believe the person is inside, but a removal/deportation warrant does not allow officers to enter without consent.

Special Circumstances and Exceptions

There are limited circumstances where the rules change. If you are on probation with a search condition, law enforcement may be allowed to enter your home as part of your probation terms. Additionally, there are recognized Fourth Amendment exceptions that could potentially allow entry without a warrant, such as "exigent circumstances"—genuine emergency situations where officers reasonably believe someone is in immediate danger or evidence is being destroyed.

However, these exceptions require specific factual circumstances and cannot be used as general authorization for warrantless entry. Officers cannot create exigent circumstances through their own conduct or use minor issues as pretexts for broader searches.

Current Enforcement Trends and Tactics

Recent enforcement operations have revealed concerning patterns in ICE tactics. ICE reported arresting 956 people on a single Sunday, with close to 1,200 arrests that day, but only 613, or nearly 52%, were considered "criminal arrests"—the rest appeared to be nonviolent offenders or people who had not committed any criminal offense other than crossing the border illegally. This data demonstrates that ICE operations are targeting a much broader population than just serious criminals.

Recent reports indicate ICE has allegedly conducted warrantless raids in Newark and several warrantless arrests in the Midwest, with Newark Mayor Ras J. Baraka stating that ICE detained "undocumented residents as well as citizens, without producing a warrant" in "plain violation of the Fourth Amendment". These incidents highlight the importance of knowing and asserting your rights, as some ICE operations appear to be pushing legal boundaries.

When Officers Arrive at Your Door. Ask if they're immigration agents and what they want.

Ask to see a badge or identification through your window or peephole.

Ask if they have a warrant signed by a judge. If they claim they do, ask them to slide it under the door or hold it up to a window so you can examine it.

Don't lie or provide false documents. Don't sign anything without talking to a lawyer first.

Don't open your door unless ICE shows you a judicial search or arrest warrant that names a person in your home and/or specifies areas to be searched at your address. If they can't produce a warrant, keep the door closed and state: "I do not consent to your entry."

If agents force their way in, don't resist. If you want to exercise your rights, state: "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're on probation with a search condition, law enforcement is allowed to enter your home.

Finding Legal Representation: Your Rights to an Attorney

If Police Arrest You

Your Right to a Lawyer. When police arrest you, you have the constitutional right to an attorney, regardless of your ability to pay. Say clearly: "I want a lawyer" or "I invoke my right to counsel." Police must stop questioning you immediately until your lawyer arrives. This right applies to everyone in the United States, including non-citizens.

Getting a Court-Appointed Attorney. If you cannot afford a private lawyer, the court will appoint a public defender or court-appointed attorney to represent you at no cost. This applies to all criminal cases where jail time is possible. You don't need to prove you're indigent beforehand - simply tell the judge you cannot afford an attorney.

Private Phone Calls to Your Lawyer. After arrest, you have the right to make a confidential phone call to an attorney within a reasonable time, usually within a few hours of booking. Police cannot listen to or record these conversations due to attorney-client privilege. This protection also covers in-person visits and written communications with your lawyer.

Miranda Rights Protection. Before questioning youin custody, police must inform you of your Miranda rights, including your right to remain silent and your right to an attorney. You can invoke these rights at any point during questioning. Once you ask for a lawyer, all interrogation must stop until your attorney is present.

If ICE or Border Patrol Detains You

Hiring Your Own Attorney. Unlike criminal cases, the government does not provide free attorneys in immigration proceedings. You have the right to hire a private immigration lawyer at your own expense. Ask detention officials for a list of legal service providers, including free and low-cost options in your area.

Free and Low-Cost Legal Help. Many organizations provide pro bono (free) immigration legal services. These include legal aid societies, nonprofit immigrant rights groups, and law school clinics. Bar associations often maintain referral services to help you find qualified, affordable immigration attorneys.

Phone Calls and Legal Visits. While in immigration detention, you have the right to call attorneys, family members, and your country's consulate if you're a foreign national. You're entitled to private, confidential visits with your lawyer without immigration officials present. These visits are protected by attorney-client privilege.

Representation at Immigration Hearings. You have the right to have an attorney represent you at all immigration court proceedings, including bond hearings, removal proceedings, and appeals. Your lawyer can file motions, present evidence, question witnesses, and make legal arguments on your behalf before the immigration judge.

Essential Rights and Protections

Language and Interpretation Services You have the right to an interpreter during all legal proceedings if you're not fluent in English. This includes court hearings, attorney meetings, and document translation. The court must provide qualified interpreters at no cost to you.

Consular Access Rights If you're a foreign national, you have the right to contact your country's embassy or consulate. Consular officials can help you locate legal representation, notify your family, and provide other assistance during detention and legal proceedings.

Time-Sensitive Deadlines Immigration law has strict filing deadlines for appeals, applications, and other legal documents. Contact an attorney immediately to protect your rights and ensure you don't miss critical deadlines that could affect your case.

Protecting Your Rights Never sign documents you don't understand. You have the right to have papers explained in your language before signing. Don't discuss your case with anyone except your attorney. Remember that anything you say to government officials can be used against you in proceedings.

Border Patrol Encounters

Staying Safe. Stay calm when dealing with immigration officials. Don't lie or provide false documents. Never run from an immigration checkpoint.

Your Rights Near the Border. You have the right to remain silent. You can tell the agent you'll only answer questions with an attorney present, regardless of your citizenship or immigration status. You don't have to answer questions about your immigration status. There's a limited exception for people who have permission to be in the U.S. for specific reasons and limited time periods (like nonimmigrants on visas). These individuals must provide information about their immigration status when asked. Generally, Border Patrol agents cannot detain you unless they have "reasonable suspicion" that you're violating immigration law or federal law.

Immigration officers cannot arrest you without "probable cause"—meaning they must have facts suggesting you're likely committing or have committed a violation of immigration or federal law.

At immigration checkpoints, agents don't need suspicion to stop you and ask questions, but their questions should be brief and related to verifying immigration status. They can also visually inspect your vehicle.

What to Expect. People who entered the U.S. without being inspected by an immigration official may face expedited removal based on certain criteria. If you're told you're subject to expedited removal, ask for the stated reason. If you fear persecution in your home country, immediately inform the agents of your fear. At border crossings, federal authorities don't need a warrant or suspicion of wrongdoing to conduct "routine searches" of luggage or vehicles.

Document requirements vary by immigration status. U.S. citizens don't need to carry proof of citizenship while in the U.S. If you have valid immigration documents and are over 18, you're legally required to carry them. If an immigration agent asks to see them, you must show them. If you're an immigrant without documents, you can decline the request, though the agent may ask more questions.

Transportation Stops

Staying Safe on the Road. Stay calm. Don't run, argue, or obstruct the officer or agent. Keep your hands visible. If you're driving, pull over safely as quickly as possible. Turn off the engine, turn on interior lights, open the window partway, and place your hands on the wheel. When requested, show your driver's license, registration, and proof of insurance. If you're not a U.S. citizen and an immigration agent requests your papers, you must show them if you have them. If you're over 18, carry your immigration documents at all times. If you don't have papers, say you want to remain silent.

Your Rights in Different Situations

In a car:
Both drivers and passengers can remain silent. If you're a passenger, you can ask if you're free to leave. If the officer says yes, calmly leave.

If an officer or immigration agent asks to search your car, you can refuse consent. But if police reasonably believe your car contains evidence of a crime, they can search without your consent.

Border Patrol conducts "roving patrols" in the U.S. interior, pulling over motorists. They must have reasonable suspicion that the driver or passengers committed an immigration violation or federal crime.

Any arrest or prolonged stop by Border Patrol requires probable cause. You can ask agents about the basis for probable cause, and they should tell you. In this situation, both drivers and passengers have the right to remain silent and not answer questions about immigration status.

On airplanes:
A pilot may refuse to fly a passenger if they reasonably believe the passenger threatens flight safety. However, a pilot cannot question you or refuse to allow you on a flight because of bias based on religion, race, national origin, gender, ethnicity, or political beliefs.

If you believe you're mistakenly on a "no-fly" list, review our guidance on No-Fly lists.

On buses and trains:
Border Patrol agents may board buses and trains in the 100-mile border region either at stations or during travel. Usually, multiple officers board and ask passengers about immigration status or request immigration documents.

These questions should be brief and related to verifying lawful presence in the U.S. You're not required to answer and can simply say you don't wish to do so. You always have the right to remain silent.

If Your Rights Were Violated. Write down everything you remember: officers' badge numbers, patrol car numbers, which agency they were from, and other details. Get contact information from witnesses. If you're injured, get medical attention immediately and photograph your injuries. File a written complaint with the agency's internal affairs division or civilian complaint board. In most cases, you can file anonymously.

Challenging Deportation Orders

Your Rights. You have the right to a hearing to challenge a deportation order, unless you waive your right to a hearing, sign a "Stipulated Removal Order," or take "voluntary departure."

You have the right to an attorney, but the government doesn't have to provide one. Ask for a list of free or low-cost alternatives. If you don't have a lawyer, ask the court to give you time to find one.

What to Do If You're Arrested. If you're told you don't have the right to see an immigration judge, speak with a lawyer immediately. There are some cases where a person might not have this right, but even if you're told this is your situation, ask to speak to a lawyer immediately because immigration officers won't always know or tell you about exceptions that might apply to you.

If you fear persecution or torture in your home country, tell an officer and contact a lawyer immediately. You have additional rights if you have this fear.

Sharing This Information. If you want to share this information with others, we've created graphics outlining your rights that you can download and share on social media. We've also created graphics you can download to your phone and save as your lockscreen background—so you can easily see your rights if you're stopped by police or ICE without unlocking your phone.