Immigrants' Rights

How to reduce risk to yourself

• Stay calm and do not resist or obstruct the agents or officers. As much as possible, try to remain calm and think clearly despite being harassed or intimidated.
• Do not lie or give false documents.
• Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.

Whether you are a United States citizen or not, you have the following rights:

• You have the right to remain silent.
  • If you wish to exercise that right, say so out loud.
  • ICE can use anything you say against you, so exercise your right to remain silent. Do not speak about your immigration status or why you are in the U.S. with anyone other than your attorney.
• Do not sign anything! If you sign a document without first speaking with an attorney, you may be waiving an opportunity to remain in the U.S.
• You have the right to refuse consent for searches of yourself, your vehicle, or your home by police or other law enforcement agencies, such as Immigration and Customs Enforcement.
  • Say, "I do not consent to searches."
• You have the right to speak to an attorney before you answer any questions from law enforcement. 
  • Say, “I wish to remain silent until I speak to an attorney.”
  • If you are arrested by the police, you have the right to a government-appointed lawyer, and should ask for one immediately.
  • If you are detained by ICE, you have the right to hire a lawyer, but the government does not have to provide one for you. Ask for a list of free or low-cost alternatives.
  • Here are resources for contacting legal organizations that assist immigrants: The American Immigration Lawyers Association, The National Immigration Project of the National Lawyers Guild, The Department of Justice, Immigration Law Help
• If arrested by police, you have the right to a private phone call within a reasonable time of your arrest, and police may not listen to the call if it is made to a lawyer.
• If you are detained by ICE, you have the right to call a lawyer or your family, and you have the right to be visited by a lawyer in detention. You have the right to have your attorney with you at any hearing before an immigration judge.
• If you are not a U.S. citizen, you have the right to communicate with your home country’s consulate or to have an agent notify your consulate of your arrest.
• Remember your immigration number (“A Number”) and share it with your family. This will help your family find you.
• You have the right to a copy of all your immigration papers. Keep copies of all of your immigration documents with someone you trust.
• Do not provide any false documents or information, as they may be used against you in a deportation proceeding.

• Always think twice before you let someone into your home. Unless they are in possession of a warrant signed by a judge, immigration and police officials may not enter your home. Opening your door is not in itself an invitation to enter.
• Beware: ICE agents may pretend to be police, claiming they want to talk to you about an “identity theft” or “ongoing investigation.” Ask them to slip their card or their warrant (if they have one) under the door.
• If you are a Spanish-speaker and the agents do not speak Spanish, ask for an interpreter.
• If the agents want to enter, ask them if they have a warrant signed by a judge. An administrative warrant of removal from immigration authorities is not enough.
  • If they say they have a warrant, ask them to slip the warrant under the door.
  • Look at the top and at the signature line to see if it was issued by a court and signed by a judge or issued by DHS or ICE and signed by a DHS or ICE employee. Only a court warrant signed by a judge allows entry into your premises.
  • Read and review the warrant carefully. Do not open your door unless ICE shows you a warrant naming a person in your residence and/or areas to be searched at your address.
  • In all other cases, keep the door closed and state clearly: “I do not consent to your entry.”
• Stay calm and do not run, lie, or physically resist arrest. You can use your phone to record and take notes about the raid, but do not endanger yourself by violently resisting.
• If they enter your house, say “I do not consent to this search. Please leave the house.” Do not hand over passport or consular documents unless ICE has a search warrant signed by a judge that specifically lists those items. Say “I don’t want to bring my documents.” 
• You always have the right to remain silent. 
  • You can say “I do not want to enter any questions.” 
  • Ask to speak to an attorney.
  • Do not sign anything you do not fully understand.
• Alert ICE right away if: 
  • There are children or elderly people present in your home.
  • You are ill, on medication, nursing, or pregnant.
  • You are the primary caretaker of a loved one and need to arrange care.

• Remain calm and do not run away. You can use your phone to record video, photos, and notes about the stop.
• You may not initially know who is pulling you over. ICE officers will often drive unmarked cars, wearing vests that say “POLICE.” Before you give them your name or any other identifying information, ask the officers who they are, and to give you identification. You can ask:
  • “Are you the police?”
  • “Are you immigration?”
  • “Are you highway patrol?”
  • “Why am I being stopped?”
• In Wisconsin, if you are the driver, you must pull over if stopped by any law enforcement officer, even if you don’t believe you did anything wrong. Failure to pull over may result in ICE officers using force or violence to pull you out of your car.
• Only roll down your window if asked by the officer. If asked, you may roll your window down partially, to prevent them from reaching inside the car. 
  • Beware: ICE may not wait for you to roll down the window; they may open the door or break a window to pull you or someone else out of the car. ICE may act aggressively; if you feel forced to follow their commands, you may still state that you do not consent.
• Remain silent: show your drivers’ license to the police. In Wisconsin, the driver must show any officer their driver’s license. Passengers do NOT have to show an officer ID or give any identifying information. If asked, show your registration and proof of insurance. You still have the right to remain silent; anything you say can be used against you by immigration. You may refuse to consent to a search of yourself or your car.
• ICE officers can ask you to get out of the car for “officer safety.” Before you get out, ask the officers to give a reason for stopping your car and to identify themselves again; they may arrest you once you leave the car. 
• ICE cannot search anything – your pockets, belongings, car, glove compartment, trunk – without a judicial warrant or your consent. However, ICE officers are allowed to pat someone down for “officer safety,” and if they search your car anyway you can still tell them that you do not consent.
• Ask to speak to an attorney and do not sign anything you do not understand. 
  • Beware: Officers sometimes stop a car based on a person’s ethnicity, even though this is not legally allowed. If you believe that you were stopped because of racial profiling, share it with your legal represenative. 
• Ask if you are free to go; you have the right to leave if you are not under arrest.

If ICE is at the door of your workplace:

• Stay calm and do not run away.
• Don’t open the door. Ask if the officers have a warrant signed by a judge. If they say yes, ask to see the judge’s signature. (An “administrative warrant of removal” or ICE warrant does not give ICE the legal authority to go inside.)
• If ICE doesn’t have a warrant signed by a judge, tell them “I do not give you permission to enter this building.”
• If ICE enters by force, do not interfere or resist.
• If it is safe to do so, take notes about officers’ names and badge numbers and what they take or who they arrest. Also, you have the right to take out your phone and record the officers as long as you do not interfere with what they’re doing.

If ICE approaches you while you are working:

• Stay calm and do not run.
• Ask officers if you are free to leave or to go back to work. If yes, tell officers you will not speak with them and resume working, or calmly leave.
• You have the right to remain silent and do not have to answer any questions by officers, such as whether you are a citizen or undocumented or where you were born.
• If you have valid immigration papers, you should show them if an immigration agent requests them. Never lie about your status or provide fake papers.
• If officers tell you to line up with others based on your immigration status, you have the right to stay where you are, or can move to a safe place that isn’t part of any line. You can tell officers that you are invoking your right to remain silent. If you are forced to move, don’t resist.
• If officers ask to search you, your property like your cell phone, or your workspace, you have the right to say “No, I do not consent to a search.” Do not resist if they attempt to search your belongings without your consent.

Who might try to ask me about my immigration status?

• ANY law enforcement agent may try to ask you questions about your background, immigration status, family members and colleagues, among other topics. This includes not just ICE, but also local and state police and federal agents from several different law enforcement agencies.
• ‘Immigration’ usually refers to Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP). ICE and CBP are in charge of immigration enforcement within the United States and at the border, respectively. ICE agents often impersonate ‘police’ by wearing police badges, tactical gear, and other police indicia, and by announcing themselves as police.

YOU CAN REFUSE TO ANSWER QUESTIONS LIKE:

• “Are you legal?”
• “Do you have papers (or a green card)?”
• “Where are you from?”
• “Where were you born?”

Rights & recommendations

• You have the right to remain silent. You do not have to answer questions about where you were born, whether you’re a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain non-immigrant visas, including tourists and business travelers.)
• If you have valid immigration documents, you should show them when asked.
• The law requires immigrants who have been issued valid immigration documents to carry those documents with them at all times. If you are undocumented, you can refuse to answer questions about your immigration status or whether you have documents.
• Do not lie about your citizenship status or provide fake documents.

• Most people who are detained while their case is underway are eligible to be released on bond or with other reporting conditions.
• You have the right to call a lawyer or your family if you are detained, and you have the right to be visited by a lawyer in detention.
• You have the right to have your attorney with you at any hearing before an immigration judge.
• If you are denied release after being arrested for an immigration violation, ask for a bond hearing before an immigration judge. In many cases, an immigration judge can order that you be released or that your bond be lowered.

• You have the right to a hearing to challenge a deportation order, unless you waive your right to a hearing, sign something called a “Stipulated Removal Order,” or take “voluntary departure.”
• You have the right to an attorney, but the government does not have to provide one for you. Ask for a list of free or low-cost alternatives. If you have no lawyer, ask the court to allow you time to find one.
• What to do if you are arrested
• If you are told that you do not have the right to see an immigration judge, you should speak with a lawyer immediately. There are some cases in which a person might not have a right to see an immigration judge. But even if you are told that is your situation, you should ask to speak to a lawyer immediately because Immigration officers will not 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.