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Immigration and Customs Enforcement (ICE):
Know Your Rights

IMMIGRATION ATTORNEY LAURA LEON

Protect Yourself from Immigration Authorities

If you are an undocumented immigrant in the U.S., encounters with police and immigration authorities can cause enormous anxiety. If the police question your immigration status or an Immigration and Customs Enforcement (ICE) agent visits your home, staying informed of your rights ensures you can respond confidently and within the law.

This guide outlines your rights to safeguard yourself and your loved ones. You’ll learn to remain calm, protect yourself legally, and seek proper support when needed in these scenarios:

  • How to handle traffic stops and vehicle checks
  • Your rights when asked about your immigration status
  • What to do if ICE stops you at work
  • What to do if ICE visits your home
  • Steps to take if you’re arrested or detained by ICE  

Table of Contents

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What Are Your Rights If ICE Stops You at Work?

Stay calm and attempt to establish boundaries while interacting with law enforcement by following these steps:   

  • Identification: If law enforcement asks for identification, provide your name, address, and/or date of birth.  
  • Right to Remain Silent: You are not required to answer police questions. You can say, “I am exercising my right to remain silent.”  
  • Searches: Police cannot search you or your belongings without your consent or a warrant.  
  • Am I Free to Leave? Politely ask if you are free to go. If yes, calmly walk out the exit.  

Practice staying calm by imagining different scenarios. Repeating phrases like “I choose to remain silent” can help you stay composed in stressful situations.

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What Are Your Rights If ICE Stops You at a Traffic Stop?

Traffic stops are among the most common ways people encounter police, but knowing the protocol can decrease tension.    

  • Documents: You are required to provide your driver’s license, vehicle registration, and proof of insurance. Keep all necessary documents—license, registration, and proof of insurance—organized and easily accessible in your car.
  • Vehicle Searches: Unless officers have probable cause or a warrant, you can say, “I do not consent to a search of my car.”  
  • Passengers’ Rights: Passengers also have the right to remain silent and can ask if they are free to leave.

What Are Your Rights When Asked About Your Immigration Status?

  • Right to Remain Silent: You do not have to answer questions about citizenship or immigration status.  
  • Valid Documents: If you have a green card or work permit, carry it and present it if requested.  
  • Avoid Falsification: Never lie about your status or present false documentation.

Interactions regarding immigration documents or status require additional care. Keep secure digital copies of all necessary immigration documents if your physical copies are misplaced or stolen.  

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What Are Your Rights to Protect Yourself at Home?

  • Permission to Enter: Do not open the door or allow officers to enter your house unless they show a signed warrant. If they present a warrant, take photos of it. This document could provide evidence of any violations that occurred.  
  • Verify the Warrant: Ensure the warrant includes your name and address. Officers can only search the areas specified.  
  • Keep the Door Closed: Speak with officers outside your home, not through an open door.
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What Are Your Rights If You’re Arrested?

  • Do Not Resist: Even if the arrest is unlawful, resist only through legal channels, not physical resistance.  
  • Request an Attorney: You have the right to legal representation. Do not speak with the police until you have an attorney present.  
  • Do Not Sign Anything: Avoid signing unfamiliar documents or anything unless you fully understand what you’re signing and its consequences. Request an interpreter if needed.

What Are Your Rights in ICE Detention?

Should you find yourself in immigration custody, understanding your rights can protect you against abuse and exploitation. 

  • Right to an Attorney: The government won’t provide legal counsel for immigration cases, but you can hire legal counsel at your own expense.
  • Notification of Consulate: You can inform your consulate about your detention.  
  • Do Not Sign Without Advice: Never agree to any document, especially voluntary deportation, without consulting an attorney.

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At Laura Leon Law, we know that facing police or immigration authorities is not easy but having the knowledge and preparedness can go a long way in protecting your rights. Stay updated on the latest changes in immigration law and schedule a consultation with an immigration lawyer to get the legal advice you deserve.

Remember, being informed is empowering. Share this guide with loved ones and your community so everyone can learn to protect their rights.

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