Know Your Rights: Preparing for Encounters with Immigration Officials

Immigration Updates

All persons in the United States have certain rights and protections under the U.S. Constitution. If you find you have to deal with Immigration and Customs Enforcement (ICE) or other law enforcement officers at home, on the street, or anywhere else, remember that you have rights. Being stopped by immigration officers or other law enforcement can be frightening, but it is important to stay calm and assert your rights.

Note: Noncitizens are subject to greater scrutiny by Customs and Border Protection officers at ports of entry, including airports, and may have fewer protections when seeking admission to the U.S. For more information, visit the ACLU website.

Your rights in an encounter with law enforcement, including immigration officials:

  • • You have the right to remain silent. You may refuse to speak to immigration officers. Anything you tell an officer can later be used against you in immigration court.
    • Do not answer any questions. You may also say that you want to remain silent.
    • Do not say anything about where you were born or how you entered the U.S.
    • Do not lie about your status or provide false documents.
  • 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.
  • The government is not required to provide you an immigration attorney, but you have the right to speak to a lawyer.
    • You can simply say, “I need to speak to my attorney.”
    • You have the right to have your lawyer with you if ICE or other law enforcement questions you.
    • You should not sign anything before speaking with an attorney.

Preparing for an encounter with immigration officials:

  • You should carry a Know Your Rights card and show it if an immigration officer stops you. The card explains that you will remain silent and that you wish to speak with an attorney. The Immigrant Legal Resource Center (ILRC) publishes a printable card in many languages, which you can download and print at home.
  • If you have immigration papers, you should carry these with you at all times. If you have a pending asylum application or other immigration court case or appeal, carry evidence of that with you.
  • Do not carry foreign identification documents, such as a foreign passport, with you, as these documents may be used against you.
  • If you have been in the United States for two years or more, you should carry proof of how long you have lived here, such as mail that you received at your home address with a postmark, a signed lease, church or school records with your address, etc. This is because people who have been in the United States for more than two years have certain increased protections in the deportation process.
  • If you are being taken into immigration custody and you have a fear of returning to your country of origin, state that fear loudly and clearly to every immigration official you encounter.

If immigration officers arrive at your home:

  • If ICE comes to your door, do not open your door unless and until an ICE agent shows you a warrant signed by a judge. If children live in your home, it is a good idea to talk to them about this information.
    • Ask if they are immigration agents and what they are there for, and ask for identification.
    • Ask if they have a warrant signed by a judge. If they say they do, ask them to slide it under the door or hold it up to a window so you can inspect it.
    • Do not open your door unless ICE shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address. If they don’t produce a warrant, keep the door closed. State: “I do not consent to your entry.”
    • If agents force their way in, do not resist. If you wish to exercise your rights, state: “I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.”

If immigration officers or other law enforcement stop you while you are driving or on public transit:

  • If you are not a U.S. citizen and an immigration agent requests your papers, you must show them if you have them with you. If you do not have immigration papers, say you want to remain silent.
  • If a car you are driving or riding in is pulled over, drivers and passengers all have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, calmly leave.
  • If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police generally believe that your car contains evidence of a crime, your car can be searched without your consent.
  • Any arrest or prolonged stop by Border Patrol requires probable cause. You may ask the agents about the basis for probable cause, and they should tell you. In this situation, both the driver and any passengers have the right to remain silent and not answer questions about their immigration status.

If immigration officers stop you in sensitive locations (hospitals, schools, places of worship, churches):

  • In the past, federal policy largely prohibited immigration officers from arresting people at “sensitive locations,” including hospitals and healthcare facilities, schools, playgrounds, places of worship, shelters and other social services locations, and funerals or weddings, among other locations. In January 2025, the Trump administration changed this policy— immigration officers now may arrest people in any of those locations.
  • If you encounter immigration officers in a school, church, hospital, or elsewhere, you have the same rights as anywhere else. You should follow the same advice as above: stay calm, stay silent, and ask if you are free to leave. If detained, ask to speak to an attorney and do not sign anything.
  • If you have concerns about accessing a certain location–like a school, community health care center, childcare center, or food pantry–you should share your concerns with staff at the location so they can provide information on steps they are taking to protect you and your family.

Above all, remember to be prepared, stay calm, remain silent, and insist on speaking with an attorney.

The guidance above is general information— it is not legal advice tailored to anyone’s individual situation.