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Each individual in the United States of America has certain basic rights. If law enforcement asks you about your immigration status, you should know your rights! To reduce the risk for yourself it is crucial that you:

  • Remain calm and do not resist, argue, obstruct, or run away from law enforcement. Be certain to always keep your hands where the officer(s) can see them.
  • Do not provide law enforcement with false documents OR lie about your immigration status.

Your Immigration Rights

If you are a United States citizen or have legal documentation be mindful that anything you tell law enforcement can be used against you in immigration court, which is why you should be aware of your immigration rights and seek the help of an experienced immigration attorney. In the United States, you have the right to:

  • Remain silent and refrain from discussing your immigration and/or citizenship status with immigration agents, police officers, or other officials.
  • If you would not like to be searched, you may decline. This is because agents do not have the right to search you without proper consent or probable cause.

*Be aware that if you are not a United States citizen and an agent requests that you show your immigration papers, you are required to show them if you have them with you. If you do not have your papers with you, you can tell the officer that you choose to remain silent and that you would like to consult an immigration attorney before answering their questions.

What to do in Certain Encounters?

  • Some states in the United States of America require that you give law enforcement your name if they ask you to identify yourself. Be mindful that even if you give your name, you do not have to answer questions without the proper legal representation.
  • If you are pulled over while driving a vehicle, the officer can require you to show proof of your insurance, vehicle registration, and your license however, you do not have to answer questions regarding your immigration status.
  • If you are entering or leaving the country, customs officers can ask you about your immigration status. If you are a lawful permanent resident (LPR) with an active status, the only questions you are required to answer include proving your identity and permanent residency. Other questions that they may ask that you refuse to answer may cause a delay however, officials cannot deny you entry into the United States for failure to answer other questions that do not pertain to your identity and/or permanent residency. Be mindful that if you are a non-citizen visa holder, you can be denied entry into the United States, especially If you refuse to answer an officer’s questions.

What happens if police or ICE shows up at your home? 

There are many ways to handle situations when police or ICE show up at your home. Although you have rights, you must diffuse these types of instances and do your best to cooperate with authorities to prevent escalating the situation. Some of the things you can do if police or ICE show up at your home include:

  • Ask law enforcement and/or ICE why they are there and if they have a warrant.
  • Ask them if the warrant is signed by a judge. If they say that it is, you may ask them to slide it under the door or put it up to the window for you to see.
  • Provide them only with real documentation and do not sign anything without speaking to an immigration attorney first.
  • If agents forcefully enter your home, do not resist. Remember, you can exercise your right to remain silent even after being detained.
  • Be aware that if you are on probation law enforcement will be allowed to enter your home.

At Rivera Law, we are here to help guide you through your immigration processes. Contact us at 561-651-9322 for your consultation with an experienced immigration attorney today.