Know your rights when dealing with immigration officers

Who this guide is for

This guide explains the basic constitutional rights everyone in the United States has, whatever their immigration status, when dealing with immigration officers or police. It is for immigrants, their families, employers and anyone who wants to be prepared. Knowing your rights helps you stay calm and avoid mistakes. It does not guarantee any outcome, and the rules differ at the border and at airports.

Your right to remain silent

The Fifth Amendment protects your right not to answer questions that could be used against you. In practice:

• You can say: "I wish to remain silent and I want to speak with a lawyer." Then stop answering questions.
• You do not have to answer questions about where you were born, your immigration status, or how you entered the U.S. Anything you say can be used in an immigration case.
• Staying silent is different from lying. Lying to a federal officer can be a crime, and false claims to U.S. citizenship carry severe, often permanent, immigration consequences.
• Some states require you to give your name to police in certain situations. Ask a local legal aid group about your state's rules.
• Noncitizens 18 or older who hold registration documents, such as a green card, work permit or I-94, are required by federal law to carry them. If you have valid papers, carry them. Do not carry papers from another country, or false documents.

Judicial vs. ICE administrative warrants: how to tell

Knowing which kind of warrant an officer has is one of the most useful pieces of information in this guide.

Ask officers to show the warrant through a window or slide it under the door. Check the name, the address, the signature and the court. A warrant for one person does not cover everyone in the home. Officers may also act in some emergencies without a warrant.

Do you have to open the door if ICE comes to your home?

In public

• You can ask: "Am I free to leave?" If the officer says yes, walk away calmly. Do not run.
• If you are detained, you can remain silent and ask for a lawyer.
• You do not have to consent to a search of yourself or your belongings. Officers may pat down your outer clothing if they reasonably suspect you have a weapon. Say clearly that you do not consent to any further search.
• You may generally film officers in public places, as long as you do not interfere and keep a safe distance. Local laws vary.

In a car

• If you are pulled over, stop in a safe place, turn off the engine, turn on the interior light, and keep your hands on the wheel.
• The driver must show a license, registration and proof of insurance when asked. Passengers can ask if they are free to leave, and can generally remain silent.
• You can refuse consent to a search of the vehicle. Officers may still search if they have probable cause.
• Within about 100 miles of a U.S. border, Border Patrol operates fixed checkpoints and can ask about citizenship. You may still remain silent, but expect to be delayed.

At work

• Officers generally need a judicial warrant or the employer's consent to enter private, non-public areas of a workplace. Public areas, like a store floor or lobby, are open to them.
• Employers can train a designated person to ask for the warrant and to contact the company's lawyer.
• During a workplace operation, workers keep the right to remain silent. Do not run, and do not carry or show false documents.
• A Form I-9 audit, which starts with a Notice of Inspection, is a paperwork review with a deadline, not a raid. Employers should get legal advice. See our employer guides.

At the border and airports

Rights are more limited at ports of entry, including international airports. U.S. Customs and Border Protection (CBP) can question travelers and inspect belongings, including phones and laptops, without a warrant.

• U.S. citizens cannot be denied entry for refusing to answer questions or unlock a device, but they may be delayed and their devices may be held.
• Green card holders generally cannot lose their status at the airport. Do not sign Form I-407 (abandonment of residence) unless you truly intend to give up your green card. You have the right to have an immigration judge decide.
• Visa holders and visitors can be refused entry if they do not answer questions or allow an inspection. Discuss travel plans with a lawyer before you leave if you have any immigration concerns.
• If you fear returning to your country, tell the officer clearly. You should be referred for a fear screening.

Make a family preparedness plan

Planning ahead is not a sign of panic. It is the most practical thing families can do to protect children and keep finances stable if a parent is detained.

• Memorize key phone numbers, including a trusted relative and your lawyer. Detained people often lose access to their phones.
• Choose a caregiver for your children and sign your state's caregiver authorization or standby guardianship form, if your state has one. Tell the school and doctors who is authorized to pick up and care for your children.
• Keep important documents together in a safe place a trusted person can reach: passports, birth certificates (including U.S. birth certificates for children), immigration papers, A-number, proof of time in the U.S., medical information and lawyer contacts.
• Plan your finances. Consider giving a trusted person access to pay rent and bills, through a limited power of attorney prepared with legal advice.
• Get a legal screening now. Some people discover they already qualify for status. See free legal help.

If a family member is detained, follow our first 48 hours checklist.

Mistakes to avoid

This page gives general information about rights. It is not legal advice. Laws vary by state and by situation, so contact an attorney or accredited representative about your circumstances. Our humanitarian and urgent help section covers asylum, TPS and detention.