Immigration
Know Your Rights
No matter your immigration status, you have rights under the U.S. Constitution. If you are questioned by immigration agents or law enforcement, knowing your rights can help protect you and your family. Here’s what you need to know to stay safe and prepared.
Your voice. Your Power. Your Rights.
You Have Rights.
All people in the U.S., whether citizen or non-citizen, have certain rights under the U.S. Constitution and other laws.
- You have the right to refuse consent for immigration or the police to search yourself, your car or your home.
- You have the right to remain silent. If you want to exercise that right, you should say it out loud.
- If you are not a U.S. citizen, you have the right to call the consulate of your home country. Immigration and police must let your consulate visit or speak with you.
- You have the right to speak to an attorney before answering any questions. You may say, “I will remain silent until I speak to an attorney.”
- You do not have to sign anything that you do not understand.
- You have the right to a copy of all your immigration papers.
*This is not intended as legal advice.
Know Your Rights: What To Do If...
Immigration Or The Police Come to Your Door
- Stay calm and do not open the door. Immigration and law enforcement agents must have a warrant signed by a judge, or your permission, to enter your child care center/home.
- You have the right to demand a valid warrant. You have the right to demand to see a warrant signed by a judge and refuse a search of your child care center/home without a valid, judicial warrant.
- Right to remain silent. It is your right to remain silent and refuse to answer any question. If you choose to answer questions, anything you say can be used against you. If you lie, you can get into serious legal trouble.
- You have the right to speak to an attorney before answering any questions. The government will not provide an attorney. There is no right to an attorney in immigration proceedings. You can say “I will not be answering any questions until I consult with my attorney/an attorney.” However, you will need to seek separate legal counsel on your own. Providers should seek out trusted legal resources ahead of time and have the phone number for a rapid response network near them available.
- Refuse to sign anything. Think twice before signing anything. Do not sign forms you do not understand or do not want to sign. You have the right to consult with an attorney before signing anything to best protect your rights.
- Peacefully observe and document/record without obstructing or interfering with law enforcement. If you are unable to safely record using a phone or camera, write down any description of law enforcement, including physical description, badge number (Note that ICE and CBP do not have badge numbers, but some of them should have a patch that lists their last name on it), the name of the law enforcement agency, license plates, and vehicle descriptions.
- Be prepared:
KNOW YOUR RIGHTS. Federal agents are stopping, detaining, and arresting individuals, without regard of their authorization to work, immigration status, and in some cases, even U.S. citizenship. Still, you are protected by the U.S. Constitution and state laws when interacting with law enforcement, this includes federal agents, ICE, CBP, the National Guard and military troops. It is important to know your rights and understand your right to exercise them. [See below for detailed Know Your Rights information.]
MEMORIZE TRUSTED PHONE NUMBERS. Memorize phone numbers of friends, family members, rapid response networks, and immigration attorneys.
CONSULT WITH AN IMMIGRATION LAWYER. An immigration attorney can help you understand your immigration situation and decide on the best course of action if you are detained. Please note, there is no legal right to be appointed an attorney in immigration cases, so the government will not supply you with an attorney. It is important that you consult with an attorney before an immigration raid to understand your legal rights and pathways for your specific immigration status. It is also essential that you consult with an immigration attorney if you are detained by immigration agents so that you can make an informed decision and avoid deportation. You can find a list of California legal services organizations here.
PREPARE A FAMILY/SAFETY PLAN. Family safety plans can ensure that if immigration agents detain you, family members, children, and other dependents are cared for. You can gather important paperwork, add family members to accounts so they can access your assets with your prior approval, make sure a trusted person is listed on school records to pick-up your children from school, plan for who will care for your children in your absence, and keep the phone number of an attorney with you and with a trusted person at home. You can find a helpful resource here.
KNOW WHAT IMMIGRATION DOCUMENTS TO CARRY WITH YOU. Certain noncitizens are required by law to carry and provide specific immigration documents when requested by an immigration officer. Should a noncitizen not have these papers or if they choose to remain silent regarding immigration or citizenship status, it is possible that immigration agents might detain the individual for longer to verify the individual’s immigration status.
With valid immigration status: By law, individuals 18 years or older who are Legal Permanent Residents are required to carry their Green Card, valid immigration papers, or proof of “registration” with them at all times.
Without valid immigration status, but who have applied for status or have an open case: You can carry a copy of your immigration papers that show you have applied for status or are appealing an immigration decision. Note that immigration agents may still detain you regardless of having an open case.
Without valid immigration documents: If you provide papers from another country, this may give immigration a reason to question you more, detain or deport you, or charge you with a federal crime. But, if you have been living in the U.S. for at least two years, you can carry proof of that if you are arrested, for example phone bills or rent receipts.
U.S. Citizens: You are not required to carry proof that you are a U.S. citizen, but you may want to carry a copy of your passport or birth certificate. It is recommended that you do not carry original documents.
Do NOT lie or carry false documents. If you provide false papers, you are at serious risk not just of deportation, but of criminal prosecution.
- In California, Public Counsel has several resources to help parents plan for the care of their children in the event that they are detained or deported.
Immigration Or The Police Stop You While Driving Your Car
REMAIN SILENT. Show the police your drivers’ license. If asked, show your car registration and proof of insurance. But you still have the right to remain silent about everything else. Immigration can use anything you say against you. You have the right to refuse to give your consent for a search of yourself or your car.
STAY CALM AND DO NOT RUN. Use your phone to take photos and notes about the stop, but stay calm and do not run.
ASK TO SPEAK TO YOUR ATTORNEY AND THINK TWICE BEFORE SIGNING ANYTHING. Don’t sign forms you don’t understand or don’t want to sign. You have the right to speak with an attorney.
FIND LEGAL HELP. iAmerica has a list of legal service providers if you need a lawyer
Immigration Or The Police Stop You Outdoors
REMAIN SILENT. If asked, you should give your name. But you still have the right to remain silent about everything else. Immigration can use anything you say against you.
STAY CALM AND DO NOT RUN. Use your phone to take photos and notes about the stop, but stay calm and do not run.
ASK TO SPEAK TO YOUR ATTORNEY AND THINK TWICE BEFORE SIGNING ANYTHING. Don’t sign forms you don’t understand or don’t want to sign. You have the right to speak with an attorney.
LEGAL HELP. iAmerica has a list of legal service providers if you need a lawyer
Vigilantes come to your child care center/home
- Stay calm and do not open the door. You are not required to open the door to anyone without a warrant signed by a judge.
- Ask for identification. You can ask for the identity and to verify the identification of any stranger through a window, door, or peephole without opening the door.
- You have the right to demand a valid judicial warrant. You have the right to demand to see a warrant signed by a judge and refuse a search of your child care center/home without a valid, judicial warrant.
- Know Your Rights. You can ask strangers to leave your child care center/home and consider contacting local law enforcement or resources, if helpful.
- Peacefully observe and document/record. If you are unable to safely record with a phone or camera, write down any description of the person(s), including physical description of the person, stated name, stated name of law enforcement agency (if any), license plates, and vehicle descriptions.
- Contact local resources. You can find more information for California State-specific resources below:
- You can learn more about reporting hate crimes in California here:
- https://oag.ca.gov/hatecrimes
- https://oag.ca.gov/immigrant/resources
You Are Arrested
REMAIN SILENT. You have the right to remain silent. Immigration can use anything you say against you.
STAY CALM AND DO NOT RUN. Use your phone to take photos and notes about the stop, but stay calm and do not run.
ASK TO SPEAK TO YOUR ATTORNEY AND THINK TWICE BEFORE SIGNING ANYTHING. Don’t sign forms you don’t understand or don’t want to sign. You have the right to speak with an attorney.
FIND LEGAL HELP. iAmerica has a list of legal service providers if you need a lawyer
You Are in Jail
REMAIN SILENT. You have the right to remain silent and the right to speak to your public defender. The information about your immigration status can be used against you in your criminal or immigration case.
ASK TO SPEAK TO YOUR ATTORNEY. Remember to speak to your public defender before answering any questions from a police or immigration officer.
THINK TWICE BEFORE SIGNING ANYTHING. Don’t sign forms you don’t understand or don’t want to sign. You have the right to speak with an attorney.
FIND LEGAL HELP. iAmerica has a list of legal service providers if you need a lawyer
I’m a U.S. Citizen. What Should I do if ICE Questions, Detains, or Arrests Me?
- DOES ICE HAVE THE RIGHT TO DETAIN OR ARREST U.S. CITIZENS BASED ON IMMIGRATION STATUS? NO. The immigration law and its rules do not apply to U.S. citizens. ICE agents have deportation authority over non-citizens only.
- ICE agents violate the 4th and 5th Amendment of the Constitution if they question, detain or arrest U.S. citizen based on the citizen’s race.
- Tell ICE that you are a U.S. citizen and ICE does not have the authority to detain or arrest you.
- Ask to speak to your lawyer. You have the right to speak to your lawyer.
- Ask for the ICE agent’s name and badge number and save that information.
- Consult a lawyer about filing a lawsuit if you are questioned, detained and arrested. ICE and local police that assist ICE may be liable to pay fines and monetary damages for unlawful, questioning, detention and arrest of U.S. citizens.
Download "No ICE" Welcome Signs
Know Your Rights Cards
The ILRC’s Red Cards help people assert their rights and defend themselves in many situations, such as when ICE agents go to a home.
Download and Save to Your Phone
Download this card and save it to your phone. This card can protect you if immigration or the police question you. The card will tell immigration or the police that you are exercising your constitutional rights.
Print Your Own
Download, print, cut-out and carry this card with you. You can share these cards with family and friends. This card can protect you if immigration or the police question you. The card will tell immigration or the police that you are exercising your constitutional rights.
Print to Share
The artwork for printing your own cards is available at the bottom of this page. These are formatted as standard 3.5” by 2” business cards. Any print or copy shop should be able to work from these files. Translated versions are designed to support monolingual immigrants translate their rights with immigration officers. For additional languages, please visit the Immigration Legal Resource Center website.
Using Your Red Card
Please see here for further information on how to use your Red Cards.
visit this link to learn what you can do if you find yourself facing an immigration agent: https://www.wehaverights.us/spanish.
Who to Call for Help
CHIRLA – The Coalition for Humane Immigrant Rights– (888) 624-4752
Ohlone Land Rapid Response Community Networks:
- San Francisco (415) 200-1548
- San Mateo (203) 666-4472
- Santa Clara (408) 290-1144
- Santa Cruz (831) 239-4289
- Contra Costa (925) 900-5151
- Alameda (510) 241-4011
Long Beach Community Defense Network – Hotline: 562-276-0267
Los Angeles Raids and Rapid Response Network – Hotline: 888-624-4752
Orange County Rapid Response Network – Hotline: 714-881-1558, Email: casereferral@ocrapidresponse.org
(San Bernardino & Riverside Counties) Inland Coalition For Immigrant Justice’s Resource – Hotline: 909-361-4588
Southern California Bilingual Rapid Response Legal Resource Hotline – Hotline: 213-833-8283
211 – Connect with local community services