Living in the United States without legal status can be filled with fear and uncertainty — especially when headlines constantly mention deportations, ICE operations, or border enforcement. But every person in the U.S., regardless of immigration status, has rights under the Constitution.

Understanding your rights is one of the most important forms of protection you have. Whether you’re a U.S. citizen, a lawful permanent resident, a visa holder, or undocumented. Knowing them can mean the difference between staying safe, avoiding unnecessary risks, and protecting your future.

Below, we explain your rights in different real-life situations and answer common questions people often have when facing immigration officers, police, or other authorities.

1. What To Do If You Are Stopped or Questioned by ICE or Police

No matter your immigration status, you have the right to remain silent. You do not have to answer questions about where you were born or how you entered the country. If an officer stops you, stay calm, don’t run, and don’t argue. You can say, “I want to remain silent” and ask if you are free to go. If the officer says yes, walk away calmly. If you are being detained, you have the right to ask why.

Also, you have the right not to sign anything without a lawyer. Signing the wrong form could lead to deportation. Keep your lawyer’s number written down somewhere you can reach it quickly.

If You Don’t Have a Lawyer

If you don’t already have a lawyer when ICE or police stop or question you, don’t panic — you still have rights, and there are steps you can take right away.

First, say clearly and calmly:

“I want to remain silent and I want to speak with an attorney.”

Even if you don’t have one yet, that statement forces officers to stop questioning you about your immigration status or criminal matters. You can repeat that line as many times as needed. You don’t have to answer questions about where you were born, how you entered the country, or your immigration status.

Don’t give false information or fake documents.

If officers ask to search you or your belongings, you can say,

“I do not consent to a search,”

and avoid physically resisting. Do not sign any papers you don’t understand—especially anything labeled “removal,” “voluntary departure,” or “stipulated order.” Ask for an interpreter if you need one. If you’re detained, request the facility’s list of free or low-cost legal providers and your A-number (alien number). Memorize or carry a trusted contact’s phone number written on paper so someone can help you find counsel quickly. The main goals are simple: stay safe, avoid self-incrimination, protect your options, and get legal advice as soon as possible.

You can also ask for a list of free or low-cost legal service providers. ICE detention facilities are required by law to make that list available. Local nonprofits and immigrant rights organizations often have “Know Your Rights” cards with contact numbers for legal aid.
If you’re outside of detention (for example, questioned on the street or during a traffic stop), call a trusted family member, community hotline, or legal aid group as soon as possible. They can help you reach a qualified attorney or accredited representative.

Never sign any document until you fully understand it — especially deportation or “voluntary departure” forms. If you can’t read English well, ask for translation before agreeing to anything.

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Common Questions and Answers

1. What if I can’t afford a lawyer?
   You can still get help. Many organizations provide free or low-cost legal aid. Ask officers for the official legal services list or contact local immigrant advocacy groups.
2. Can ICE keep questioning me if I don’t have a lawyer?
   You can stop the questioning by saying you want to remain silent and wait to speak with a lawyer. They must respect that request.
3. How do I find a trustworthy legal helper?
   Use only accredited immigration attorneys or representatives recognized by the Department of Justice. Avoid “notarios” or anyone who guarantees results for money.
4. Can my family contact a lawyer for me?
   Yes. Give them your full name, date of birth, and—if detained—your A-number so they can locate you and reach a lawyer on your behalf.
5. If I don’t get a lawyer, can I still go to court?
   Yes, but it’s risky to appear alone. Immigration law is complex, and missing a deadline or signing the wrong form can harm your case. Always try to get legal advice before any hearing.
6. Can I record the interaction?
   Yes, in most public places you can record law enforcement officers as long as you don’t interfere.
7. Should I show my ID?
   In some states, you must provide your name if asked by police. But you do not need to reveal your immigration status.
8. What if they get aggressive?
   Stay calm, don’t resist, and repeat, “I choose to remain silent.” Get names or badge numbers if possible.
9. Do I have to let them search me?
   No. You can say, “I do not consent to a search,” but do not physically resist.
10. Can I walk away if ICE stops me?
    Ask clearly: “Am I free to go?” If yes, walk away calmly.

If ICE or the Police say “No, you’re not free to go”

If the officer or agent says no when you ask, “Am I free to go?”, it means you are being detained. This doesn’t mean you’re under arrest, but you’re not free to leave. Stay calm, don’t argue, and don’t try to walk away. Instead, ask politely,

“Am I being detained, or am I under arrest?”

This question helps you understand what’s happening.
If you are being detained, remember that your key rights do not disappear:

• You still have the right to remain silent — you don’t have to answer questions about your birthplace, citizenship, or how you entered the country.
• You can clearly say, “I do not consent to a search.” Never resist physically; just say it calmly.
• You have the right to a lawyer, even if you don’t have one yet.
• You should never sign any papers you don’t understand or that you haven’t reviewed with a lawyer.
• If you don’t understand English well, ask for an interpreter right away.

If you’re moved to another location, such as a local jail or ICE facility, keep track of where you are and ask for your A-number if immigration officers are involved. This helps your family or legal aid group find you later.

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Common questions (with answers)

1. What’s the difference between being detained and being arrested?
   Detained means you’re being held temporarily for questioning; arrested means you’re being taken into custody for possible charges or removal.
2. How long can they keep me detained?
   It depends, but they must have a reason and paperwork. You can always ask, “Am I under arrest, or can I leave now?”
3. Should I keep asking for a lawyer even if I don’t have one?
   Yes. Repeat, “I want to remain silent and speak with a lawyer.” It stops further questioning and protects your rights.
4. Can I call someone while detained?
   If you’re taken into custody, you have the right to a phone call — use it to contact a trusted person or lawyer.
5. What if they keep pressuring me to talk?
   Stay polite but firm. Keep saying, “I choose to remain silent.” Anything you say can be used later, even casual comments.

2. If Officers Come to Your Home

You do not have to open the door unless they have a valid warrant signed by a judge. ICE often shows “administrative warrants” (Form I-200 or I-205), which are not the same as judicial warrants. You can ask them to slide the document under the door or hold it up to a window. If it’s not signed by a judge, you can refuse to open.

Keep calm and speak through the door. Everyone in the home should stay silent and avoid signing any papers. If you live with others, make sure they also know this rule — one person opening the door can affect everyone inside.

5 Common Questions:

1. How can I tell if a warrant is real?
   A real judicial warrant is signed by a judge and states your name and address.
2. Can ICE enter if I open the door slightly?
   Yes, even a small opening may be treated as consent. Keep the door closed.
3. What if they break in?
   Do not resist. Record the incident if safe, and contact a lawyer immediately.
4. Can they take my roommate or relative instead?
   Sometimes they try. Remind everyone not to share information or documents.
5. Should I call 911?
   If someone is in danger or the agents use violence, you may call local police — but be cautious and describe only the emergency, not your status.

3. If You Are Stopped at Work or in Public Spaces

At work, immigration agents need permission from your employer or a judicial warrant to enter non-public areas. They cannot legally detain or question workers without probable cause. If ICE shows up, remain silent and do not run. If possible, ask to speak to a lawyer or union representative.

If in public (like a bus station or courthouse), the same rules apply — you have the right to remain silent and refuse consent for searches. Agents may ask for ID, but you are not required to discuss your status.

Rights at Work, School, and in the Community

Even without legal status, immigrants have protections under U.S. law.

Workplace Rights:

• Employers cannot discriminate based on national origin or perceived immigration status.
• You have the right to be paid for the work you perform, even if you lack work authorization.
• Employers cannot threaten to call ICE as retaliation — that is illegal under federal labor law.

School Rights:

• All children, regardless of immigration status, have the right to attend public K-12 schools under the Supreme Court’s Plyler v. Doe (1982) decision.
• Schools cannot ask for immigration papers or Social Security numbers for enrollment.
• Healthcare and Community Services:
• You have the right to receive emergency medical care at hospitals.
• Many states and cities offer free or low-cost clinics regardless of status.
• You can access religious services and community shelters safely; they are considered sensitive locations.

Common Questions:

1. Can ICE come into my workplace without notice?
   Only public areas, unless they have a judicial warrant or employer consent.
2. Should I show my work permit?
   Only if you choose to and it is valid. You don’t have to hand it over if you’re unsure.
3. What if ICE questions my coworkers?
   Everyone has the right to stay silent and ask for an attorney.
4. Can my employer give ICE my information?
   They can only share what’s required by law, like payroll records. Anything else may need a subpoena.
5. What if I’m in a bus or train station and ICE boards?
   You can ask if you are free to go and remain silent. Do not show foreign IDs unless legally required.

4. At Courthouses, Checkpoints, or Airports

Courts are public spaces, but immigration enforcement there has become more common in recent years. If you have a hearing or must appear in court, you still need to go — missing court can harm your case. Immigration officers usually avoid arresting people who are attending their own hearings, but it’s wise to bring an attorney or advocate if you can.

At checkpoints or airports, you can be asked about your citizenship, but you still have the right to stay silent beyond confirming your name and status if you are a U.S. citizen. For others, you can decline to answer detailed questions without a lawyer.

5 Common Questions:

1. Can ICE arrest me at court?
   It’s rare but possible. Always attend court and have legal help ready.
2. What if I see officers at the courthouse entrance?
   Stay calm, check with your lawyer or court staff, and avoid confrontation.
3. Do I have to answer questions at an airport checkpoint?
   You can show valid ID and tickets but decline extra questions without an attorney.
4. Can officers search my phone?
   Not without consent or a warrant. You can say, “I do not consent to this search.”
5. What if I’m traveling with family and they separate us?
   Stay polite, ask to speak to an attorney, and avoid giving inconsistent answers.

5. If You Are Arrested

If you are taken to an ICE facility, ask for your A-number (alien number). Give it to your family or lawyer so they can locate you. You can also call the ICE detainee locator at 1-888-351-4024.

5 Common Questions:

1. What should I say if I’m arrested?
   Politely say, “I want to remain silent and speak with an attorney.”
2. Can I call my family?
   Yes, you are allowed a phone call — use it to contact someone who can find legal help.
3. Do I have the right to bail?
   Sometimes. Ask your attorney about bond eligibility.
4. What if they pressure me to sign papers?
   Do not sign anything you don’t understand. Say, “I want to talk to a lawyer first.”
5. How can my family find me?
   Use the ICE online detainee locator or call their hotline with your full name and A-number.

Staying Prepared

It helps to have a family plan. Keep copies of important documents in a safe place and share your lawyer’s contact info with trusted people. If you’re undocumented, consider preparing a “power of attorney” form for someone who can make decisions for your children or property if you’re detained.

Community groups and nonprofits often offer free legal workshops and “Know Your Rights” cards. Carry one in your wallet — it can be shown to officers instead of speaking.

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Where to Learn More

• DACA Explained — Learn eligibility and renewal details.
• Advance Parole Guide — Traveling under DACA or pending applications.
• Border Policy — Understand how laws and enforcement differ at and between ports.
• ICE Oversight — How detention centers are monitored and complaints are filed.
• Border Statistics — See the official enforcement data from CBP.
• United We Learn –

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Final Thought

Knowing your rights isn’t about confrontation — it’s about protection. The law gives everyone certain basic rights, no matter who they are or where they were born. Being undocumented does not mean you are powerless.
Know your rights and exercise them calmly and confidently, you protect yourself, your family, and your community.

Stay informed, carry a legal aid number with you, and always remember: You have rights — use them. Use this guide to stay calm, informed, and ready to act if you ever face a difficult situation.