Regardless of Immigration Status, You Have Rights!

These guidelines are subject to change as Trump signs new executive actions, Congress passes new laws, and new court rulings are issued. Please stay tuned as we navigate this situation together and attempt to provide you with the most current guidance. As always, we encourage you to seek the advice of an attorney to discuss your options and to be prepared. Find an attorney in your area here.

As someone living in the United States, it is essential to understand your basic rights under the U.S. Constitution. These rights are guaranteed to everyone residing in the country, regardless of immigration status. Knowing and asserting these rights can help protect you and your community from potential threats.

Take a look at these guidelines in case you have an encounter with Immigration and Customs Enforcement (ICE) or Law Enforcement. 

  • Stay calm and silent: You have the right to refuse to speak to an ICE or law enforcement agent and exercise your right to remain silent under the Fifth Amendment of the Constitution. DO NOT lie about your immigration status. 
  • If an ICE agent comes to your door, DO NOT OPEN IT: ICE must have a warrant signed by a judge to enter your home. Do not open the door unless the agent shows you a valid warrant. 
  • Request a Lawyer: Exercise your right to counsel by saying "I need to speak to my attorney."
  • Do Not Sign Anything: ICE may try to get you to sign away your right to see a lawyer or judge. Do not sign any documents without understanding what they say, and if possible, have a lawyer review them.
  • Carry valid immigration documents: If you possess a valid work permit or green card, make sure to have them with you. If you are not a US citizen, you must show these documents to an ICE officer upon request. DO NOT carry documents from another country, such as a foreign passport or produce false documents. 
  • If you are a parent and worried that ICE may arrest you, inform the officer that you have children: If you are a parent or primary caregiver of a U.S. citizen or permanent resident under 18, ICE may exercise discretion and allow you to go. 

In addition to familiarizing yourself with these guidelines, be sure to keep important phone numbers on hand, including those of local immigrant rights organizations and attorneys. Make a plan with your family in case you are detained; discuss this plan with your children and loved ones, and share it with a lawyer and a trusted friend. 

Remember that under a second Trump administration, it's essential to be extra vigilant about our rights. Unfortunately, not all officers may comply with the law, and it's crucial to take additional steps to protect ourselves while preserving the opportunity to object to any violations of our rights. In case an ICE officer chooses to act in violation of the law by searching you or your house or car without permission or authorization or by making up excuses to use unnecessary force: 

  • Stay calm and composed during interactions with officers. Avoid running, arguing, shouting, resisting, or obstructing them, even if you believe your rights are being violated.
  • Keep your hands visible to the officers at all times.
  • Document everything. Take note of the date, time, location, and details of the encounter.
  • Seek legal assistance by consulting with a lawyer to understand your options and next steps.

Special Circumstances: Providing Information to Officers

There are some specific instances where you may be required to provide certain information to an officer.

  • In some states, you must provide your name to law enforcement if you are stopped and told to identify yourself. But even if you give your name, you don’t have to answer other questions.
  • If you are stopped while driving, the officer can require you to show your license, vehicle registration and proof of insurance, but you don’t have to answer questions about your immigration status.
  • Officers are permitted to demand more information if you are entering or leaving the country. Non-citizens who refuse to answer questions may be denied entry into the U.S. Lawful permanent residents may limit their answers to identifying themselves and confirming their permanent residency, and should not be refused entry into the U.S. for failure to answer other questions.

Stay Prepared: Download and Print your very own RED Card! 

A “red card” is a handy tool that helps you exercise your rights as an immigrant if you are detained or questioned by ICE. The card explains your rights and provides a clear and respectful way to communicate them to the agents.

Download and print the red card developed by the Immigrant Legal Resource Center (ILRC). This tool is free and can be used by anyone who needs to protect their rights. Visit https://www.ilrc.org/red-cards-tarjetas-rojas for more information and to download the card.

Additional Resources

The content on this page is largely inspired by the valuable guidance provided by the American Civil Liberties Union (ACLU). We acknowledge their tireless efforts in protecting and promoting human rights, particularly for immigrant communities.

For additional information and resources, we encourage you to visit the ACLU's Immigrant Rights page, which offers:

  • Workplace rights information
  • Answers to frequently asked questions
  • Resources available in multiple languages