Law enforcement asks about my immigration status

Regardless of your immigration status, you have guaranteed rights under the Constitution. Learn more here about your rights as an immigrant, and how to express them.

Organization Source:
ACLU 

Organization Website:
https://www.aclu.org/ 

Categories:
Interaction with law enforcement (LEA) | LEA – On the Streets/General

 Date Last Updated: February 28, 2024 

How to reduce risk to yourself

  • Stay calm. Don’t run, argue, resist, or obstruct the officer, even if you believe your rights are being violated. Keep your hands where police can see them.
  • Don’t lie about your status or provide false documents.

Your rights

  • You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.
  • If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you.
  • If an immigration agent asks if they can search you, you have the right to say no. Agents do not have the right to search you or your belongings without your consent or probable cause.
  • If you’re over 18, carry your papers with you at all times. If you don’t have them, tell the officer that you want to remain silent, or that you want to consult a lawyer before answering any questions.

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