Know Your Rights with ICE
As immigration enforcement activity continues to impact our communities, it’s more important than ever to know how to be prepared for an encounter.
Encountering Immigration Enforcement
If the police, immigration agents, or another government agent tries to enter your home, you are not required to open the door. It is very important to ask who they are and which agency they are with. Law enforcement generally needs a judicial search warrant signed by a judge to enter your home.
If officers enter your home, write down their names and badge numbers and clearly state that you do not consent to a search. Take note of the names, addresses, and phone numbers of anyone else who is present. Do not run, it is not safe.
If immigration agents come to your workplace, stay calm and do not run. In order to enter non-public areas of a work place, officers generally must have a judicial warrant or permission from your employer or someone with authority over the space.
If an officer tries to stop you, you can ask if you are under arrest or if you are free to go. If they say you are not under arrest, you can politely decline to talk and walk away.
If you are under arrest, you have the right to remain silent, but if you want to remain silent, you must say out loud that you wish to do so.
You may refuse consent if an officer asks to search you. However, an officer may conduct a limited pat-down of your outer clothing for weapons in certain situations. It is often safest not to physically obstruct an officer.
You do not have to unlock your phone or give government officials your password without a warrant.
You have the right to remain silent. Do not say anything about your immigration status or where you were born. If you have valid immigration documents readily available, you may choose to show them.
Before an Immigration Arrest
Develop an emergency response plan in the event of an emergency. Keep all of your important documents in an easily accessible place. Make copies of these documents for a family member or close friend to keep in case of emergency. These documents include: passport, birth certificate, marriage license, car titles, property deeds, and all immigration documents including your A-Number if you have one.
Speak with a trusted immigration attorney to assess your individual immigration situation. Always have the number or card of a respected legal service provider or immigration attorney in case of emergency. Your family should also have these numbers, and it is important to memorize your family member’s phone numbers.
Have an emergency plan at your place of work. Ask if your coworkers are willing to stay silent and ask to speak with an attorney in the event that immigration comes to your workplace. If your workplace has a union, speak with the union representative to better learn how to prepare in case immigration comes to your workplace.
Have a plan to protect your family. Prepare a “Delegation of Parental Authority” form to ensure the proper care of your children with a relative or family friend in case you are detained or deported. If your child is a citizen of the United States, obtain a passport for them as soon as possible.They will need this to travel outside of the country and to prove their citizenship later. If your child is not a citizen of the U.S., obtain a passport from their country of citizenship. You can get this from your country’s consulate. Register your child as a citizen of your country at that country’s consulate so you do not have any problems once you arrive.
During an Immigration Arrest
If police or immigration agents question you, you have the right to ask if you are being detained or arrested. If the officer says “No, you are not under arrest or being detained”, ask them if you are free to leave. If they say yes, slowly and calmly walk away. If the officer says “Yes, you are under arrest and/or being detained”, then you have the right to remain silent. If you have valid documents, you can show the officer.
If you do not have lawful status or are unsure of your status: you have the right to refuse to answer questions, do not show false documents, and ask to speak to an attorney.
Above all, do not show false documents and do not say anything that is not true.
After an Immigration Arrest
If you are arrested, find out who arrested you. Write down the names of the officers and their organizations (FBI, ICE, CBP, etc.). Write down their badge numbers (on uniform) and their vehicle license plate numbers.
Do not sign any documents you do not understand before speaking with an attorney. It is possible the agents will try to pressure you to sign something. Refrain from signing anything. You have the right to call someone after your arrest, so contact your attorney or a family member. Memorize the number of your attorney, family member, or union representative and contact them immediately.
You also have the right to contact the consulate of your country of citizenship to request assistance. You have the right to tell the agent to inform your consulate of your arrest. The consulate can help you find an attorney and may offer to contact your family. Ask the immigration judge if you are eligible for bond. You can apply for bond while in immigration custody and you must be able to show that you are not going to flee and are not a danger to the community.
Remember, do not sign anything you do not understand before consulting with an attorney.
Know Your Rights as a Protester
Your rights are strongest in streets, sidewalks, and parks as a protester. You have the right to speak out on other public property, like plazas in front of government buildings, as long as you are not blocking access to the building. Adhere to local rules about curfew, as related to minors and community members generally.
When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and law enforcement. Protect your fellow protesters and refrain from posting content where other protestors faces or identifiable marks are showing unless you have their consent to share.
If you’re stopped by law enforcement, you have the right to remain silent and can say that you will only answer questions in the presence of an attorney. If the police stop you, ask if you’re free to go. If they say yes, calmly walk away — that applies regardless of your citizenship or immigration status.
If you believe your rights have been violated, or you’ve witnessed someone else’s rights be violated, write down everything you remember. Key information to collect is officers’ badge and patrol car numbers and the agency they work for. Also, gather witness contact information and take photographs of injuries (if applicable). After this, file a written complaint with the agency’s internal affairs division or civilian complaint board.
We can all do our part to keep our communities safe and prepared. Remember, the power in people is stronger than the people in power. For more information, check out michiganimmigrant.org.
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