Know Your Rights Overview
Know Your Rights Overview
Section titled “Know Your Rights Overview”Everyone in the United States has constitutional rights, regardless of immigration status. Knowing these rights can protect you and your community.
Fundamental Rights
Section titled “Fundamental Rights”The Right to Remain Silent
Section titled “The Right to Remain Silent”Fifth Amendment protection applies to everyone.
You have the right to:
- Not answer questions about your immigration status
- Not provide documents about your citizenship
- Not sign anything you don’t understand
- Request an interpreter
You can say:
“I am exercising my right to remain silent.”
The Right to Refuse Searches
Section titled “The Right to Refuse Searches”Fourth Amendment protection applies to everyone.
You have the right to:
- Refuse consent to search your person
- Refuse consent to search your vehicle
- Refuse consent to search your belongings
You can say:
“I do not consent to a search.”
The Right to an Attorney
Section titled “The Right to an Attorney”Everyone has the right to legal representation.
You can say:
“I want to speak to a lawyer.”
Note: Unlike criminal cases, the government does not provide free lawyers in immigration cases, but you still have the right to hire one.
Rights at Home
Section titled “Rights at Home”ICE Cannot Enter Without a Judicial Warrant
Section titled “ICE Cannot Enter Without a Judicial Warrant”Key distinction: ICE warrants (Form I-200, I-205) are NOT the same as judicial warrants.
- A judicial warrant is signed by a judge
- An ICE warrant is signed by an immigration officer
- ICE can only enter your home with a judicial warrant or your consent
Through the door:
“I do not consent to entry. Please slide any warrant under the door.”
If they show a warrant:
- Look for a judge’s signature
- Look for the correct address
- If it’s an ICE administrative warrant, it does NOT give them the right to enter
You Can Keep the Door Closed
Section titled “You Can Keep the Door Closed”- You do not have to open the door
- Talk through the door if you choose to respond
- Ask them to identify themselves
- Ask to see a warrant
Rights on the Street
Section titled “Rights on the Street”You Can Walk Away
Section titled “You Can Walk Away”If not detained, you have the right to leave.
Ask: > “Am I free to go?”
If yes, walk away calmly. If no, you are being detained.
If You Are Detained
Section titled “If You Are Detained”- Stay calm
- Keep your hands visible
- Do not run
- Exercise your right to remain silent
- Do not sign anything
- Ask for a lawyer
While Driving
Section titled “While Driving”If stopped:
- Pull over safely
- Keep hands visible
- Provide license, registration, and insurance if asked
- You can refuse to answer questions about immigration status
- You can refuse a vehicle search
- Record the stop if safe to do so
Rights at Work
Section titled “Rights at Work”ICE Raids at Workplaces
Section titled “ICE Raids at Workplaces”If ICE enters your workplace:
- You have the right to remain silent
- You have the right to not answer questions
- You have the right to not show documents (unless they have a valid judicial warrant for a specific person)
Employers’ Responsibilities
Section titled “Employers’ Responsibilities”Employers should:
- Not allow ICE into non-public areas without a warrant
- Not answer questions about employees
- Not provide employee records without a warrant
- Notify employees of their rights
Rights When Recording
Section titled “Rights When Recording”You Have the Right to Film
Section titled “You Have the Right to Film”In public spaces, you have the right to:
- Record police and immigration officers
- Record from a safe distance
- Continue recording even if told to stop (unless you’re interfering)
Officers may NOT:
- Demand you delete footage
- Seize your device without a warrant
- Arrest you solely for recording
Special Protections
Section titled “Special Protections”Sensitive Locations
Section titled “Sensitive Locations”ICE has a policy (which can change) limiting enforcement at:
- Schools and school bus stops
- Churches and religious institutions
- Hospitals and medical facilities
- Courthouses (varies)
- Public demonstrations
This is ICE policy, not law, and can be changed at any time.
Pregnant Women, Children, and Elderly
Section titled “Pregnant Women, Children, and Elderly”Special considerations may apply, but rights are the same for everyone.
If Your Rights Are Violated
Section titled “If Your Rights Are Violated”Document Everything
Section titled “Document Everything”- Names and badge numbers
- Time and location
- What happened
- Witnesses
Report Violations
Section titled “Report Violations”- ACLU
- National Immigration Law Center
- Local immigrant rights organizations
- Civil rights attorneys
Quick Rights Summary
Section titled “Quick Rights Summary”| Situation | Your Right |
|---|---|
| Questioned on street | Remain silent, ask “Am I free to go?” |
| ICE at home | Keep door closed, ask for judicial warrant |
| Workplace raid | Remain silent, do not show documents |
| Vehicle stop | Provide license/registration, refuse other questions |
| Detained | Remain silent, ask for lawyer |
| Recording | You can film in public spaces |
Important Reminders
Section titled “Important Reminders”- Remaining silent cannot be used against you in immigration court
- Lying CAN be used against you - silence is better than lies
- Signing documents can waive rights - never sign without understanding
- You have rights regardless of status - the Constitution protects everyone