Know Your Rights

Know your rights (Download as document)

Remember, all people in the U.S., regardless of immigration status, have rights under the U.S. Constitution and other laws. Make sure you know your rights if you are approached by police or ICE. Review the information below to help you understand what your rights are and what to do in different situations.

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.

*Not intended as legal advice

WHAT TO DO IF IMMIGRATION OF THE POLICE COME TO YOUR DOOR

STOP AND THINK TWICE WHEN SOMEONE COMES TO YOUR DOOR: You’re not normally required to open the door to anyone. Immigration and the police can’t come into your home without awarrant signed by a judge.

REMAIN SILENT: You have the right to remain silent. Immigration can use anythingyou say against you.

STAY CALM AND DO NOT RUN: Use your phone to take photos and notes about the raid, but stay calm and do not run.

ASK TO SPEAK TO YOUR ATTORNEY AND THINK TWICE BEFORE SIGNING ANYTHING: Do not sign forms you don’t understand or don’t want to sign. A lawyer who know deportation defense may be able to help you fight your case.

WHAT TO DO IF IMMIGRATION OR THE POLICE STOP YOU WHILE 

DRIVING YOUR CAR

REMAIN SILENT: Show the police your driver’s 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.

LEGAL HELP: Always have a list of legal service providers in case you need a lawyer.

WHAT TO DO IF 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 havethe right to speak with an attorney.

LEGAL HELP: Always have a list of legal service providers in case you need a lawyer.

WHAT TO DO IF IMMIGRATION COMES TO YOUR WORKPLACE

DON’T RUN: Stay calm and don’t run. Running may be seen as an admission of guilt.

DON’T CARRY FALSE DOCUMENTS: Providing false documents to ICE may result in deportation and criminal charges.

DON’T INTERFERE WITH ICE AGENTS: Interfering with ICE agents during a work- place raid may expose you to criminal charges.

DON’T SIGN ANYTHING YOU DON’T WANT TO SIGN OR DON’T UNDERSTAND: Think twice before signing anything without talking to a lawyer. Signing a paper may end up being an agreement to voluntarily leave the United States. Consulting with a lawyer before signing anything is the best way to protect your rights.

THE RIGHT TO REMAIN SILENT: You have the constitutional right to remain silent and to refuse to answer questions. If you want to exercise your right to remain silent, show ICE your Know Your Rights card.

KEEP IMPORTANT PHONE NUMBERS WITH YOU: Keep the phone number of your union and legal services provider with you.

WHAT TO DO IF 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.

LEGAL HELP: Always have a list of legal service providers in case you need a lawyer.

WHAT TO DO IF 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.

LEGAL HELP: Always have a list of legal service providers in case you need a lawyer.

KNOW YOUR RIGHTS CARD: 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 police that you are exercising your constitutional rights.

 

 

 

 

 

 

 

 

 

 

 

 

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. CITIZENSBASED 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 a 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.

*For additional information, please contact  yolanda@indivisiblemb.org