Know Your Rights: Immigration Stops and Detention
What Undocumented and Documented Individuals Should Know if Stopped by ICE or Police
Introduction
Encounters with immigration authorities—whether you are documented or undocumented—can be stressful, confusing, and potentially life-changing. Whether the questioning comes from ICE (Immigration and Customs Enforcement), CBP (Customs and Border Protection), or local police, it is essential to understand your legal rights. This guide outlines those rights and provides strategies to protect yourself if stopped, questioned, or detained by immigration or law enforcement officials.
You Have Rights — No Matter Your Immigration Status
Everyone in the United States has certain constitutional rights—whether they are a U.S. citizen, green card holder, visa holder, asylum seeker, or undocumented person. These include the right to remain silent, the right to refuse consent to a search, and the right to speak with a lawyer. The law protects people regardless of immigration status.
If You Are Stopped in Public by ICE or Police
Your Rights
You have the right to remain silent. You do not have to answer questions about your citizenship, where you were born, or how you entered the country. If you choose to remain silent, say it out loud: “I choose to remain silent.”
You have the right to refuse a search. You do not have to consent to a search of your person or belongings. If ICE or police ask, say: “I do not consent to a search.” If they believe you have a weapon, they may pat down your outer clothing.
You have the right to ask: “Am I free to go?” If they say yes, walk away calmly. If they say no, remain silent and ask to speak to a lawyer.
If you are on a visa:
You are legally required to show your immigration documents to federal immigration officers (not local police) if requested.
You must carry your immigration documents (such as your passport with visa or I-94 card) at all times if you are over 18.
Do not lie about your status or present false documents—it can have serious immigration consequences.
If ICE Comes to Your Home
What You Should Know
You do not have to let ICE in unless they show a valid judicial warrant. Administrative ICE warrants (Form I-200 or I-205) do not give them the right to enter your home without permission.
Ask to see the warrant. It must be signed by a judge and state your correct name and address. Ask them to slip it under the door or hold it to the window so you can inspect it.
You can remain silent. Do not answer questions about your status, do not open the door, and do not hand over any papers unless they have a valid warrant and you have spoken to a lawyer.
If they enter without consent or a valid warrant, say: “I do not consent to your entry.” Do not physically resist.
If You Are Detained or Arrested
What Happens Next
You will likely be taken to an immigration detention facility. This could be run by ICE directly or by a local jail under contract with ICE.
You have the right to speak with a lawyer—but you will not be provided one for free. Immigration proceedings are civil, not criminal, so you must find and hire your own lawyer unless you can find pro bono assistance.
Do not sign any documents without reading them carefully or speaking to a lawyer. ICE may try to get you to sign a “voluntary departure” or other form that waives your right to see a judge. Signing these documents can result in your deportation—even if you have a legal path to stay.
You have the right to a hearing before an immigration judge in most cases. You may request bond (a payment that allows you to be released while your case is pending), though approval is not guaranteed.
You may be held for days, weeks, or months. Detention lengths vary depending on the case, court backlogs, and whether bond is granted.
You can call your family or lawyer. Memorize important phone numbers in advance. Calls may be monitored unless speaking with a lawyer.
If you fear returning to your home country, tell the officer immediately and say that you want to apply for asylum or fear persecution. This may trigger a “credible fear interview” as part of your legal process.
How to Reduce Risk to Yourself
Remain calm and polite.
Do not argue, resist, or lie.
Carry contact information for your lawyer and family in your wallet or phone.
Keep your immigration documents accessible (if applicable).
If You Believe Your Rights Were Violated
Write down everything you remember. Include names, badge numbers, times, and what was said or done.
Seek legal help immediately.
File a complaint with the Department of Homeland Security’s Office for Civil Rights and Civil Liberties or through an advocacy organization.
If You Witness an Immigration Raid or Arrest
You have the right to observe and record from a public place, as long as you do not interfere.
Do not hide your camera or interfere physically.
Document badge numbers, time and location, whether consent was given, and whether individuals were told their rights.
Afterward, offer your statement or contact information to the affected person if you feel safe doing so.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. For legal help with your specific situation, you should contact a qualified attorney or a local legal aid organization.
If you believe any of the information in this guide is incorrect or outdated, please contact us at projectlawaccess.com/contact.
Your Rights When Stopped by the Police
Introduction
Every year, millions of people in the U.S. are stopped by police, whether in a vehicle or on foot. These encounters can be routine but sometimes escalate due to misunderstandings or a lack of knowledge about legal rights. This guide provides a data-driven, comprehensive overview of what individuals should know when stopped by law enforcement, including constitutional protections, legal procedures, statistics on police stops, and recommendations for handling interactions safely.
Legal Foundation: The Constitution and Police Stops
The Fourth, Fifth, and Sixth Amendments to the U.S. Constitution define your rights in encounters with law enforcement:
Fourth Amendment: Protects against unreasonable searches and seizures and requires probable cause for a warrant.
Fifth Amendment: Protects against self-incrimination, ensuring you do not have to answer questions that may be used against you.
Sixth Amendment: Grants the right to an attorney if arrested and facing criminal charges.
These rights apply to both U.S. citizens and non-citizens residing in the country.
If You Are Stopped by the Police in Public
Your Rights
You have the right to remain silent. This means you do not have to answer questions about where you're going, where you live, what you're doing, or where you're coming from. If you choose to remain silent, you should say so out loud to make it clear.
Some states have “stop-and-identify” laws. In those states, if an officer asks you to identify yourself, you may be legally required to give your name. Refusing to do so in those states could lead to arrest. Know the laws in your state.
You do not have to consent to a search of your body or belongings. Police may only perform a limited pat-down of your outer clothing if they reasonably suspect you have a weapon. If you say "I do not consent to a search," it may not stop the officer from conducting the search, but it can preserve your legal rights for a potential court case.
If you are arrested, you have the right to a lawyer. If you cannot afford one, a government-appointed lawyer will be provided to you.
You do not have to answer any questions about where you were born, your immigration status, or how you entered the country. This protection applies to both U.S. citizens and non-citizens, though different rules may apply at borders, airports, or for those on temporary visas.
If you are on a temporary visa, you must show immigration documents if asked by an immigration officer and are required to carry them at all times.
How to Reduce Risk
To protect yourself, stay calm and respectful. Do not run, resist, or physically obstruct the police. Keep your hands where they are visible. Never lie or provide false documents.
If You Are Pulled Over by the Police
Your Rights
If you're driving and pulled over by the police, you are required to show your driver's license, vehicle registration, and proof of insurance when asked.
You are not required to answer unrelated questions such as “Where are you coming from?” or “Where are you going?” You have the right to remain silent.
Police may ask to search your car, but you do not have to agree. If an officer says, “Can I search your vehicle?” you have the legal right to say: “I do not consent to a search.” Unless they have probable cause or a warrant, they cannot legally search your car without your consent.
Both drivers and passengers have the right to remain silent. If you are a passenger, you may ask, “Am I free to leave?” If the officer says yes, you may exit the vehicle and walk away quietly.
How to Reduce Risk
Pull over safely and quickly. Turn off your engine, turn on your interior light, roll your window down partially, and place your hands on the steering wheel. If you are a passenger, place your hands on the dashboard.
Avoid sudden movements, and let the officer know what you are doing before reaching for your documents.
If Police Come to Your Door
Your Rights and How to Protect Yourself
You are not required to let police into your home unless they present a valid search or arrest warrant signed by a judge. If they claim to have a warrant, ask them to slip it under the door or hold it up to a window so you can examine it.
A search warrant allows police to enter the specific address listed and search only the areas and items detailed in the warrant.
An arrest warrant allows them to enter if they believe the person named in the warrant is inside.
Even if officers enter your home with a valid warrant, you still have the right to remain silent. You are not required to answer any questions during their search. Stay calm and simply observe what they do. Take note of where they go, what they take, and how they behave. Write down everything you remember as soon as possible.
If you are a guest in someone else's home, tell the officers clearly that you are a guest and do not have permission to let them in.
If You Are Arrested or Detained
What to Do
Say: “I wish to remain silent and I want a lawyer.”
Do not give any explanations or excuses. Do not say anything, sign anything, or make any decisions without your lawyer present.
You have the right to a free lawyer if you cannot afford one. You also have the right to make a local phone call. If you call your lawyer, the police are not allowed to listen. If you call anyone else, the police may listen in.
How to Reduce Risk to Yourself
Even if you believe your arrest is unjust, do not resist. Follow the officers’ commands. Your safety in that moment matters more than debating the law on the spot.
If You Believe Your Rights Were Violated
After the encounter, take the following steps:
Write down everything you remember. Include officer names, badge numbers, patrol car numbers, the agency they work for, and anything they said or did.
Get contact information for any witnesses.
If you were injured, seek medical attention immediately and take photos of your injuries.
File a written complaint with the police department’s internal affairs division or with a civilian complaint board. In most jurisdictions, you can file this complaint anonymously.
If You Witness Police Abuse or Misconduct
You have the right to observe and record what happens—as long as you do not interfere.
Stand at a safe distance and record with your phone if possible.
Do not try to hide the fact that you are recording.
Police officers do not have a reasonable expectation of privacy while performing their duties in public. However, people they interact with may have privacy rights. In some states, you must notify others that you are recording them.
Police cannot legally take your phone or force you to delete videos without a warrant.
If an officer tells you to stop recording or to hand over your phone, calmly say: “I do not consent to that.”
Some officers may still arrest you, even if their orders are unlawful. You will need to consider your personal safety and decide whether to comply. Be aware that officers may search you upon arrest.
Even if you are unable to record, try to write down everything you saw as soon as possible: officer names, badge numbers, weapons used, how many officers were present, what they did or said, and whether anyone was injured.
If you speak with the person who was stopped, consider giving them your contact information in case they want to file a complaint or pursue legal action.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. For legal help with your specific situation, you should contact a qualified attorney or a local legal aid organization.
If you believe any of the information in this guide is incorrect or outdated, please contact us at projectlawaccess.com/contact.