Educational Resource
Know Your Rights
Understanding your constitutional rights when interacting with immigration authorities
Important Disclaimer: This information is for general educational purposes only and does not constitute legal advice. You should consult with a qualified immigration attorney for advice specific to your situation. Asal Multi Services is not a law firm and cannot provide legal representation.
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Your Constitutional Rights
All individuals in the United States have rights under the Constitution, regardless of immigration status.
1
Right to Remain Silent
- You do NOT have to answer questions about where you were born
- You do NOT have to discuss your immigration status
- You do NOT have to share your criminal record
- Say: "I am exercising my right to remain silent"
2
Right to an Attorney
- You have the right to speak to a lawyer before answering questions
- Say: "I want to speak to a lawyer"
- Note: Unlike criminal court, the government does not provide a free lawyer in immigration court
3
Right Against Unreasonable Search
- Officers need a judicial warrant signed by a judge to enter your home
- If they search without permission, say: "I do not consent to this search"
- You do NOT have to give them your passport or consular documents without a warrant
4
Right to Not Sign Documents
- You do NOT have to sign anything
- Many ICE documents can speed up deportation
- Always consult an attorney before signing any documents
If ICE Comes to Your Door
What to do and what NOT to do if immigration officers knock on your door
DO
- Keep the door closed. Do NOT open the door. Teach children not to open the door.
- Ask for identification. Ask who they are and why they are there through the closed door.
- Ask for a judicial warrant. Ask them to slide it under the door or show it through a window.
- Verify the warrant. A real warrant must be signed by a JUDGE (not ICE) with your correct name and address.
- Stay calm. Be polite but firm in exercising your rights.
- Say: "I don't want to talk to you right now" or "I am exercising my right to remain silent."
DON'T
- Don't open the door. Opening the door does NOT give them permission to enter, but it makes it easier for them.
- Don't lie. Do not give false information. It's better to remain silent.
- Don't show false documents. This can lead to criminal charges.
- Don't run or resist physically. This could give them reason to arrest you or result in criminal charges.
- Don't sign anything without consulting a lawyer first.
- Don't answer questions about your immigration status, where you were born, or how you entered the U.S.
Understanding Warrants
ICE Administrative Warrant (NOT a Real Warrant)
- • Signed by an ICE officer, NOT a judge
- • Bears DHS or ICE seal
- • Does NOT give authority to enter your home
- • You do NOT have to open your door
Judicial Warrant (Real Warrant)
- • Signed by a federal judge or magistrate
- • Has your correct name and address
- • Specifies the area that can be searched
- • Officers CAN enter with this warrant
If ICE Enters Your Home Without Permission
- 1Do NOT physically resist – this could lead to criminal charges
- 2State clearly: "I do not consent to you being in my home. Please leave."
- 3If they search: "I do not consent to this search."
- 4Tell them if there are children or vulnerable people in the home
- 5Tell them if you have medical issues or need to arrange childcare
- 6Exercise your right to remain silent – do not answer questions without a lawyer
Your Rights at Work
What to do during a workplace immigration enforcement action
Workers' Rights
- You have the right to remain silent
- You do NOT have to hand over IDs or papers to ICE
- You can consult with an attorney before answering questions
- You can ask: "Am I free to go?"
What NOT to Do
- Don't run away – this could give ICE legal reason to arrest you
- Don't present false documents – this leads to criminal charges
- Don't lie – remain silent instead
- Don't sign anything without consulting a lawyer
Important: Workplace Warrant Rules
- ICE CAN enter public areas of your workplace (lobbies, retail floors, waiting areas) without a warrant
- ICE CANNOT enter private areas (offices, employee-only areas) without consent or a judicial warrant
- An ICE administrative warrant is NOT the same as a judicial warrant signed by a judge
If ICE Approaches You in Public
First: Ask "AM I FREE TO GO?"
- • If YES: Walk away calmly. You can say "I don't want to answer your questions" or "I'd rather not speak with you right now."
- • If NO: Exercise your right to remain silent. Say "I want to use my right not to answer questions" and "I want to speak to a lawyer."
If They Search You:
Say: "I do not consent to a search."
Important: It is illegal for ICE agents to stop you solely based on how you look or the language you speak. If this happens, you have the right to remain silent.
If You Are Being Arrested by ICE
- You have the right to remain silent
- You have the right to speak to a lawyer
- DO NOT LIE – it can only hurt you in the future
- You do NOT have to share information about where you were born, your immigration status, or criminal record
- You do NOT have to give them your passport or consular documents without a judicial warrant
- You do NOT have to sign anything
- Once detained, you have the right to make phone calls to family, friends, or a lawyer
- If you are a U.S. Citizen, say: "I am a U.S. Citizen" and ask why you are being detained
Be Prepared: Create a Safety Plan
Take steps NOW to prepare your family in case you are detained
Emergency Contacts
- • Identify trusted emergency contacts
- • Memorize their phone numbers
- • Share this list with family members
- • Include an immigration lawyer if you have one
Plan for Children
- • Designate someone to care for your children
- • Provide school/daycare with emergency contact
- • Create written authorization for medical and legal decisions
- • Keep children's important documents accessible
Important Documents
- • Keep documents in a safe place family can access
- • Birth certificates, medical records
- • Proof of U.S. presence (leases, bills, receipts)
- • Copy of passport or proof of citizenship
Legal Preparation
- • Find an immigration lawyer NOW
- • Know your rights and practice what to say
- • Have lawyer's contact info memorized
- • Know your A-number (alien registration number) if you have one
Financial Planning
- • Give trusted person access to bank accounts
- • Create power of attorney documents
- • Keep some cash accessible for emergencies
- • Plan for bill payments if detained
If You're Detained
- • Family can search: ICE Detainee Locator
- • You can receive visitors (family, friends, lawyers)
- • Request a list of free/low-cost legal services
- • You can request an interpreter
What to Carry (and NOT Carry)
DO Carry:
- • Documents proving you've lived in the U.S. over 2 years (leases, utility bills, receipts)
- • Emergency contact information
- • Know Your Rights card
DON'T Carry:
- • Foreign passport or consular documents
- • Documents from another country
- • Anything that could be used against you
Need Help with Immigration Documents?
We help prepare immigration forms, affidavits, and supporting documents. We are NOT lawyers, but we can help you organize your paperwork.
Disclaimer: This page is for educational purposes only and does not constitute legal advice. Information may change. Always consult with a qualified immigration attorney for advice specific to your situation.
Sources: ACLU,NILC,Immigrant Defense Project,ILRC,National Immigrant Justice Center