Know Your Rights If You Are Stopped or Detained by Law Enforcement or Immigration Officers

No matter your immigration status, the U.S. Constitution guarantees you certain rights if you are stopped or detained by law enforcement or immigration officers. How can you safely and effectively exercise these rights in common situations that may arise:

1. You are stopped by law enforcement or immigration officers outside or at work:

• You have the right to remain silent when questioned or arrested by law enforcement, immigration officers, or other officials. In some states, you must provide your name to local law enforcement if asked; however, you do not have to answer other questions. You do not need to provide information about your immigration status or nationality and should decline to do so.
• Ask if you are free to go. If you are told “yes,” you should walk away. If you are told “no” or are otherwise not permitted to leave, you can tell the officer that you want to remain silent and that you want to consult a lawyer. Anything you say to an officer can be used against you in immigration court.
• It is important to stay calm. Do not argue with the officer, try to run away, or try to resist arrest, even if you feel you are being treated unfairly. Keep your hands out of your pockets and make sure they are always visible to the officer. If you need to reach into your bag or pocket for identification or immigration papers, ask the officer if you may do so.
• If an officer asks if they can search you, you have the right to say no. Law enforcement and immigration officials do not have the right to search you or your belongings without your consent or probable cause.
• Never provide false information or documents, such as a false social security card, identification, or employment authorization document, to police or immigration officers.

2. You are stopped during a traffic stop:

• Pull over immediately and turn on your hazard lights.
• Keep your hands visible to the officer as the officer approaches your car. If you are driving, keep your hands on the wheel. Do not reach into a glove compartment or bag for your identification until you are asked to do so.
• Show your license, registration, and proof of insurance. If you do not have them, do not show any false documents.
• Ask whether the officer is from a police department or an immigration agency. Immigration officers sometimes refer to themselves as “police,” but they are not police officers. Border Patrol Officers, who operate 100 miles from U.S. borders, can pull you over if they have reasonable suspicion of an immigration violation or a crime and may ask you questions about your immigration status.
• If the officer is an immigration official and you have lawful immigration status, present your passport, green card, work permit, and/or other documentation of your lawful status.
• If you are undocumented, you have the right to remain silent and do not have to discuss your immigration or citizenship status with the police, immigration agents, or other officials. Do not answer any questions about your immigration status or your country of origin. Anything you tell an officer can later be used against you in immigration court.
• If the officer asks to search your car, you have the right to say no. You can say: “I do not consent to any search.” An officer cannot search your car without your consent unless they have reasonable suspicion of a crime.

3. You are stopped while entering or leaving the United States:

• Customs and Border Protection (“CBP”) officers can ask you about your immigration status when you are entering or leaving the country.
• If you are a lawful permanent resident (LPR) who has maintained your status, you are only required to answer questions that confirm your identity and permanent residency, as well as customs-related questions. While refusing to answer additional questions may delay your entrance, officials cannot deny you entry into the U.S.—your status as a lawful permanent resident must generally be revoked by an immigration judge.
• If you are detained by CBP, you may not have the right to speak to an attorney right away. However, you may refuse to sign any documents presented to you and should not sign any documents that you do not understand or agree with.
• If you are a visa-holder, your rights are different than those of lawful permanent residents, and refusing to answer officers’ questions could result in being denied entry into the United States.

Immigration and Customs Enforcement (ICE) or Police Officers come to your home:

• You have the right to remain silent and to request an attorney. Remain calm and silent. Do not yell, fight, or try to run. Ask for an interpreter if you do not understand English.
• You have the right to deny entry into your home. Do not open the door or give your consent to have officers enter your home.
• Both immigration officers and police require a warrant signed by a judge to enter your home without your consent. A warrant is a document listing your address and probable cause for gaining entry to your home. Ask the officer to provide you with a copy of the warrant by sliding it under the door, through a mail slot, or by cracking the door. Check to ensure that the warrant was signed by a judge, and not an ICE officer. If officers are legally able to enter your home, they will do so without your consent.
• Do not sign anything that is given to you without having an attorney review it first.