Know Your Rights
Everyone in the United States — regardless of immigration status — has constitutional rights. This guide explains, in plain language, what those rights are and how to use them safely during encounters with ICE, police, or other law-enforcement officers.
This page is educational information, not legal advice. Every situation is different. When possible, speak with a qualified immigration attorney or accredited legal representative before making decisions about your case.
Your core rights — always
- Right to remain silent. You do not have to answer questions about your immigration status, where you were born, or how you entered the country.
- Right to refuse a search. You can say: "I do not consent to a search." Officers may still search under certain conditions, but your objection is on record.
- Right to a lawyer. If detained, ask for an attorney and do not answer questions until one is present. You can also ask to contact your consulate.
- Right not to sign. Never sign anything you do not fully understand.
If ICE comes to your home
- Do not open the door. Speak through the door or a closed window.
- Ask if they are ICE. Ask them to identify themselves and to slide any warrant under the door.
- Only a judicial warrant signed by a judge — not an ICE Form I-200 or I-205 — allows them to enter without your consent. Look for the words "U.S. District Court" or a state court.
- If they do not have a judicial warrant, you can say: "I do not consent to your entry. I am exercising my right to remain silent."
- If they enter anyway, do not resist. State clearly that you do not consent and stay silent.
If you are stopped in a car
- Pull over safely, turn off the engine, turn on the interior light, and keep your hands visible on the wheel.
- Provide your driver's license, registration, and insurance if asked. You do not have to answer questions about your birthplace or immigration status.
- You can say: "I am exercising my right to remain silent."
- Passengers can ask if they are free to leave. If yes, they can silently walk away.
If ICE comes to your workplace
- Public areas of a business can be entered without a warrant. Private areas cannot, unless the owner consents or a judicial warrant is presented.
- You have the right to remain silent and to speak to a lawyer.
- Do not run. Running can be used as a reason to detain you.
- You do not have to show ID that reveals your country of origin.
Schools, hospitals, and places of worship
Historically these have been treated as sensitive locations. Policies change, so if agents appear at a school, clinic, or church, staff should ask for a judicial warrant before granting access to non-public areas or student/patient records.
Prepare a family safety plan
- Memorize the phone number of a trusted family member and an immigration lawyer.
- Keep important documents (passports, birth certificates, medical records) in a safe place a trusted person can access.
- Designate a caregiver for your children in writing in case you are detained.
- Save the ICE detainee locator so loved ones can find you quickly.
Frequently asked questions
Do I have to open the door if ICE knocks?
No. You do not have to open the door unless agents show you a warrant signed by a judge with your name and address. An ICE administrative form (I-200 or I-205) is NOT a judicial warrant. You can ask them to slide the warrant under the door and inspect it before opening.
Do I have to answer questions about where I was born or my immigration status?
No. You have the right to remain silent under the Fifth Amendment. You can say: "I am exercising my right to remain silent. I want to speak with a lawyer." Do not lie and do not show false documents.
Do I have to sign anything?
No. Do not sign any document you do not understand or have not read with a lawyer. Signing certain forms can waive your right to see a judge and can result in immediate deportation.
Can I record the encounter?
In most U.S. states you have the right to record law-enforcement officers in public as long as you do not interfere. Recording is one of the strongest protections against abuse.
What if I am stopped in my car?
Pull over safely, turn on the interior light, keep your hands on the wheel, and provide your driver's license, registration, and insurance if asked. You do not have to answer questions about your immigration status or where you were born.