Know Your Rights

Constitutional Rights During Immigration Encounters

All individuals in the United States — regardless of immigration status — have rights under the U.S. Constitution. These rights apply during encounters with immigration officers (ICE and CBP), local police, and other law enforcement.

If ICE Comes to Your Home

  • Do not open the door unless officers have a judicial warrant (signed by a judge, not an administrative warrant signed by an ICE officer)
  • Ask to see the warrant — officers can slide it under the door or hold it to a window
  • You have the right to remain silent — you do not have to answer questions about your immigration status, country of origin, or how you entered the U.S.
  • Do not sign anything without speaking to an attorney
  • Do not run or resist — remain calm and clearly state that you are exercising your rights

If You Are Stopped in Public

  • You have the right to remain silent. You may state: “I am exercising my right to remain silent.”
  • You do not have to consent to a search of your person or belongings
  • Ask: “Am I free to go?” If the answer is yes, walk away calmly
  • If you are detained, state: “I want to speak to a lawyer”
  • Do not provide false documents or make false statements

If You Are Detained

  • You have the right to contact an attorney
  • You have the right to contact your consulate
  • You have the right to a hearing before an immigration judge (in most cases)
  • You have the right to be informed of the charges against you
  • Do not sign a voluntary departure agreement without consulting a lawyer

At Airports and Borders

CBP officers have broad authority at ports of entry and within 100 miles of the border. However, even in these areas, U.S. citizens cannot be denied entry, and all individuals retain certain rights including the right against unreasonable searches and the right to an attorney if detained for extended questioning.

Workplace Raids

  • You have the right to remain silent — do not answer questions about your status
  • Do not run or hide — this may be used against you
  • Do not present false documents
  • If you are a union member, you may have the right to union representation

Prepare in Advance

  • Memorize an emergency contact number (attorney, family member, community organization)
  • Carry a know-your-rights card with a statement invoking your rights
  • Create a family safety plan including childcare arrangements and access to important documents
  • Keep copies of immigration documents in a safe place accessible to a trusted person

If your rights have been violated, request a free case evaluation immediately.