Know Your Rights

Understanding your constitutional rights during encounters with immigration enforcement

Your Core Rights

Right to Remain Silent

You do not have to answer questions about where you were born, your immigration status, or how you entered the United States.

Say: "I am exercising my right to remain silent."

Right to an Attorney

You have the right to speak with a lawyer before answering any questions. If detained, you can make phone calls.

Say: "I want to speak to a lawyer."

Do Not Sign Documents

Do not sign anything without speaking to an attorney. Signing "voluntary departure" can waive your right to a hearing.

Say: "I do not want to sign anything until I speak with my attorney."

Do Not Lie

Never provide false information or fake documents. This can result in criminal charges and bars to future immigration relief.

Stay silent rather than make up answers.

Judicial vs. Administrative Warrant

Understanding the difference can protect your rights. Only a JUDICIAL warrant allows entry into your home.

Judicial Warrant

VALID - Allows Entry

  • Signed by a federal or state JUDGE
  • Has court name (e.g., "United States District Court")
  • Contains judge's signature
  • Lists your correct name and address

If valid: You should not physically resist, but you can still remain silent and request an attorney.

Administrative Warrant (I-200, I-205)

NOT VALID for Home Entry

  • Signed by an ICE officer, NOT a judge
  • Says "Department of Homeland Security" at top
  • Form I-200 (Warrant for Arrest) or I-205 (Warrant of Removal)
  • Does NOT authorize entry into your home

Your response: "I do not consent to your entry." Keep the door closed.

Rights by Location

At Home

If ICE comes to your door

  • Do NOT open the door unless they show a JUDICIAL warrant signed by a JUDGE
  • Ask "Do you have a warrant signed by a judge?" through the closed door
  • Ask them to slide the warrant under the door or show it through a window
  • An ICE administrative warrant (Form I-200 or I-205) does NOT give them permission to enter
  • Say: "I do not consent to your entry"
  • Do not sign anything or make statements
  • Stay calm and do not run

In Public

Your rights in public spaces

  • You have the right to remain silent
  • You do not have to answer questions about your immigration status
  • Say: "I am exercising my right to remain silent"
  • You have the right to record the encounter in most states
  • If you are not under arrest, ask "Am I free to go?" and calmly walk away if yes
  • Do not run - stay calm

While Driving

Traffic stops and checkpoints

  • You must provide your license, registration, and proof of insurance if asked
  • You have the right to remain silent beyond that
  • You do not have to consent to a vehicle search
  • At checkpoints, you can decline to answer questions about citizenship
  • Say: "I do not consent to a search"
  • Do not flee - stay calm and assert your rights respectfully

At Work

Workplace encounters

  • ICE needs a judicial warrant to enter non-public areas of a workplace
  • You have the right to remain silent
  • Do not sign any documents without an attorney
  • In California (AB 450), employers cannot allow ICE access without a warrant
  • Employers cannot threaten to call ICE as retaliation for asserting your rights
  • Document what happens - badge numbers, what was said

If You or a Loved One Is Detained

Critical steps to take immediately

1

Get the A-Number

The Alien Registration Number is a 9-digit number starting with "A". This is critical for locating someone.

2

Use ICE Detainee Locator

Go to locator.ice.gov or call 1-888-351-4024. It may take 24-72 hours for someone to appear in the system.

3

Contact an Attorney

Contact an immigration attorney immediately. Many legal aid organizations provide free consultations.

4

Know Your Consular Rights

Under the Vienna Convention, you have the right to contact your country's consulate. They can visit, help find a lawyer, and contact family.

5

Do Not Sign Voluntary Departure

Signing can waive your right to a hearing before a judge. Say "I do not want to sign anything."

Emergency Contacts:

ICE Locator: 1-888-351-4024locator.ice.gov

Your Right to Contact Your Consulate

Under the Vienna Convention, if you are detained, you have the right to contact your country's consulate.

  • The consulate can visit you in detention
  • They can help you find a lawyer
  • They can contact your family
  • They can ensure you are treated properly

Say: "I want to contact my consulate."

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