For all immigrants—citizens, permanent residents, or undocumented, encounters with law enforcement and immigration officials are more than just stressful—they can be life-altering. With shifting policies and increasing scrutiny, it is more important than ever to understand and exercise your rights. This post was created to support and empower you by providing essential information about your rights as an immigrant. No matter your immigration status, you have fundamental rights under U.S. law. Understanding and confidently asserting these rights can help protect you and your loved ones during challenging times.
When Authorities Visit Your Home
Immigration and the police cannot enter your home without a warrant signed by a judge. Tell the agent to slide the warrant under the door or show it through a window.
If there is a warrant:
If there is a warrant make sure that the warrant includes your exact address, your name, or the name of someone who is in the house. If the order has your name or the name of a person who’s at the house, it is better if the person named in the order steps out so as the officers do not enter the house.
If there is NO warrant:
If the agent has no warrant with your address or the warrant does not have your name or the name of someone who is in the house, do not open the door and say that you do not consent to the search. If the authorities enter without a warrant, ask for the agents’ names and badge numbers. Say again that you do not provide your consent to the authorities’ entrance into your home. Call your attorney immediately.
What to do During a Traffic Stop
Never carry a false document in your car. Immigration or the police could potentially search your car. If you do not have a driver’s license, you can say that you do not have one. You do not have a legal duty to show your passport.
Interactions with ICE or Police
You only have the duty to reply if you are asked your name. You have the right to remain silent and to not answer other questions. Anything you say will be used against you. Ask if you are free to leave. If the answer is yes, leave calmly. If you are not free to leave, ask to call your attorney.
- Assert Your Right to Remain Silent: Beyond stating your name, you’re not obliged to answer any other questions.
- Request an Attorney: If detained or questioned, ask for a lawyer immediately.
- Do Not Sign Documents: Avoid signing any documents without consulting your lawyer.
- Refuse Consent for Searches: You’re not required to consent to any searches without a warrant.
- Avoid Providing False Information: Never give false information or documents to ICE or police.
- Record Encounter Details: If possible, safely document the details of the encounter.
- Know Your Deportation Risk: Understand your specific situation regarding deportation risks.
- Contact Your Consulate: You have the right to contact your home country’s consulate.
- Understand Bail Rights: Know your eligibility for bail or bond in case of arrest.
- Health and Safety Concerns: Express any health or safety concerns you might have while in custody.
- Family Communication: Request to inform your family about your location and status.
- Language Assistance: If you’re not fluent in English, ask for an interpreter.
- Avoid Discussing Immigration Status: You’re not required to disclose your immigration status.
- Know Your Visa Conditions: Be aware of your rights and restrictions under your specific visa type.
- Seek Community Support: Reach out to community organizations for assistance and guidance.
- Document Legal Status Changes: Keep records of any changes in your immigration status.
- Prepare for Future Encounters: Develop a plan for potential future interactions with ICE or the police.
What to do if there is an arrest
If a person is arrested, someone who is free must call an attorney as soon as possible. Memorize the phone number of an attorney or a person of your trust who is in the United States legally. If you are arrested, assert your right to make a phone call.
Create a Family Plan
- Assign a power of attorney to a relative or person of your trust to manage your property and accounts during your absence.
- Create an emergency contact list for your family. Share a copy with your children and relatives, with your children’s schools and with persons of your trust.
- Prepare a power of attorney for the care of the minors This document allows a relative who is not a child’s mother/father to register the child in public school, make school or health related decisions and make other important decisions on behalf of the minor. This must be updated every year. Keep the school updated with name and contact information.
- If your children were born in the U.S., apply for citizenship of the parents’ countries of origin. Contact your country of origin’s consulate
- It is the law to carry immigration documents. People 18 and older should always carry immigration documents.
- Organize a folder with important documents. Keep it in a safe place (with certified English translations).
- Find an immigration attorney. You should be able to trust your attorney and always carry your attorney’s information with you.
- Avoid fraud. Do not use a public notary to obtain legal advice. In the U.S., notaries are not attorneys and must not offer legal help.
For a more in-depth guide on creating a comprehensive family plan, read A Comprehensive Guide to Immigration Family Planning. This resource provides detailed steps and considerations to build a robust family plan.
When talking to a lawyer
Talk to a lawyer or representative who is accredited before the Board of Immigration Appeals (BIA). Request the following information from your legal advice provider: credentials, contract and how much you will pay, copies of the contract and every document filed in your case, and payment receipts signed and dated by the provider in your language of choice. Keep your original documents in a safe place at your home and give copies of the requested documents to your legal advisor.
Important documents to have at your fingertips:
- Power of attorney for the care of minors
- Power of attorney for decisions on property, bank accounts, etc
- Passports of parents’ countries of origin
- Children’s passports
- Permit to travel with minors
- Birth certificates
- Registration of birth (documents that registers US born children before the government of the parents’ country of origin.
- Marriage license
- Social Security cards or ITIN
- Immigration cards and A-numbers
- Driver’s licenses and other ID cards
- Copies of vehicles’ titles / registrations
- Copy of home’s mortgage or rent documents
- Any restriction orders entered against another person)
- Documents showing presence in the country for more than two years (for example, medical history documents, school reports, etc.)
What happens if you are detained by I.C.E?
Do you know what is the A# number? It is the number that I.C.E uses to identify you. It is also called an Alien number and it can be found on the bracelet given to you after being processed by I.C.E. Be prepared to share this number with your family.
What happens when someone is detained:
- You will be processed by I.C.E. in Memphis, TN.
- After processing, you will be transferred to the Western TN Detention Facility located in Mason, TN or directly to the Lasalle Detention Faciliy in Jena, LA.
- Once you are processed, you will be allowed to make a phone call. Hours will pass before you are processed and able to make a call. Be prepared to share your A# (also called an Alien number) with your family. You can find your A# on your bracelet attached after processing.
- Exercise your right to have an attorney. Any statements you make to I.C.E. will be used against you.
- When a friend or loved one has been placed in detention, it is important to make an appointment with an experienced lawyer.
Free Red Cards
Visit our office to pick up this free red card, which features information about the constitutional rights immigrants have in your pocket.
Additional Resources
- Know Your Rights Flyer – English
- Know Your Rights Flyer – Spanish
- Family Planning for Immigrants
- Latino Memphis Legal Services
Third-Party Resources
- Conozca Sus Derechos con ICE – Immigrant Defense Project
- iAmerica Know Your Rights
- Step-by-Step Family Preparedness Plan | Immigrant Legal Resource Center | ILRC
- Guía de seguridad y protección para inmigrantes en Tennessee – Nashville Banner
Community Protection Strategies & Resources
- NAKASEC Hotline (1-844-500-3222), KYR App & Additional Resources
- CASA Hotline (1-888-214-6016) & Resources
- Rapid Response Network Spreadsheet
- National Immigration Project Regional Rapid Response Hubs:
Additional Resources
- Setting the Record Straight About Sanctuary Policies: A Response to Threats Against Sanctuary Cities (National Immigration Project)
- Stays of Removal (National Immigration Project & American Immigration Council Practice Advisory)
- National Immigration Project Community Explainer on the Laken Riley Act
- Immigrant Legal Protection Resource Guide
