Immigration Rights Leonardo Lupiano Immigration Rights Leonardo Lupiano

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.

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