Know Your Rights & Be Prepared

Your basic rights and how to assert them.

Everyone living in the United States
has basic, fundamental rights.

No matter who is president, everyone living in the United States has basic rights under the U.S. Constitution. Undocumented Immigrants have these rights too.

It is important to know your rights, so you know when and how to assert them. It is possible that law enforcement and other government entities will violate them.

Rights

Immigrant rights with ICE and law enforcement

If you encounter Immigration and Customs Enforcement (ICE) or other law enforcement officers at home, on the street, or anywhere else, remember that you have rights, and you can defend them as described in this factsheet.


You have the right to remain silent.

  • You may refuse to speak to immigration officers. 
  • 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.

Carry a know your rights card

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. 
  • You can request a free know-your-rights card from ILCM.

Do not open your door

  • To be allowed to enter your home, ICE must have a warrant signed by a judge with your correct name and address on it. 
  • Do not open your door unless an ICE agent shows you a valid warrant.
  • If an ICE agent wants to show you a warrant, they can hold it against a window or slide it under the door.

You have the right to speak to a lawyer

  • You can simply say, “I need to speak to my attorney.”
  • You may have your lawyer with you if ICE or other law enforcement questions you.

Do not sign anything until you talk to a lawyer

  • ICE may try to get you to sign away your right to see a lawyer or a judge.
  • Be sure you understand what a document actually says before signing it.

Always carry with you any valid immigration documents you have

  • Do not carry papers from another country with you, such as a foreign passport. Such papers could be used against you in the deportation process.
  • Do not carry any false documents.
  • You do not need to show documents before speaking with a lawyer. 
  • Always carry a know-your-rights card to help you exercise your rights if you are stopped by ICE or the police.
  • For U.S. citizens, carry a copy of their US passport/passport card/naturalization certificate/US birth certificate. 
  • For LPRs (Lawful Permanent Residents), carry physical green card (it is a crime not to do so). If they don’t have it, carry a copy of it and advise to work on I-90 if appropriate.
  • For nonimmigrants working lawfully or lawful status, carry copy of I-94 record and EAD. 
  • For undocumented individuals with at least two years in the U.S., carry proof of living in the U.S. for at least two years to assert right to hearing before an immigration judge. 
  • For undocumented individuals in U.S. less than two years, advise to assert fear of return to ICE if they have it to be interviewed by an asylum officer to see if they can have a hearing in immigration court for consideration for asylum/withholding of removal/Convention Against Torture protection (Form I-589).

Remain as calm as possible and do not run away

If you do, ICE or the police may unfairly use this against you in court.

You have the right to document ICE activities

If you witness ICE activity such as a raid or arrest, you have the right to take videos, photos, and written documentation.
 

Prepare

Be Prepared for an Emergency

Create a safety plan

  • Carry documentation at all times. If you have a valid green card or work permit, carry it at all times. Otherwise carry a state ID or driver’s license issued in the US, as long as it does not contain any immigration information. If you are undocumented but have been in the country for more than two years, carry documents demonstrating two years of presence. 
  • Carry important medical information such as the name of your doctor and any medications (name and dosage) you take. 
  • Memorize the phone number of a friend, family member, or attorney that you can call if you are arrested.
  • Keep important documents such as birth certificates and immigration documents in a safe place where a friend or family member can access them if necessary.

Create a childcare plan

  • Update emergency contact information at your child’s school.
  • Complete a Delegation of Parental Authority (DOPA) document to designate someone to take care of your child if you cannot. 
  • Register your child’s birth with your native country’s government (via the consulate) if your child was born in the US.

Know how to find someone detained by ICE

  • Use ICE’s online detainee locator  to find an adult who is in immigration custody. Or call the local ICE office.
  • Make sure to have the person’s alien registration number written down, if they have one. 
  • You can call the Executive Office for Immigration Review (EOIR) hotline number at 1-800-898- 7180 (toll-free) 24 hours a day, 7 days a week to get information on your case’s status.

Report and document raids and arrests

  • If it is possible and safe for you to do so, take photos and videos of the raid or arrest. Also take notes on what happened., photos, and written documentation.

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