Know Your Rights: What to Do if You Are Arrested or Detained by Immigration
This Know Your Rights resource provides general information on what to do if you are stopped, arrested, or detained by immigration or other law enforcement.All immigrants have legal rights, even if they do not have legal immigration status. Learn how to protect your rights and prepare for contact with immigration.
Disclaimer: This is legal information, not legal advice. Talk to an immigration lawyer about your situation
Organization Source:
National Immigration Law Center (NILC)
Organization Website:
https://www.nilc.org/
Categories:
Interaction with law enforcement (LEA) | LEA – Detained by ICE, LEA – On the Streets/General
Date Last Updated: April 9, 2025
Documents you should keep with you if the police or immigration stops you
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Know what documents you should always have with you, and when to show them to immigration or police.
- Make copies of the documents listed below.
- Keep the originals in a safe place if they are not with you. Tell a relative or friend how to find them, if needed.
- Do NOT carry or show law enforcement anything that shows you were born outside the U.S., like a foreign passport. They can use that to try to deport you.
- Be ready. Find your situation below, practice, and be prepared.
What to Show and What to Carry
It depends on your immigration status. Find your status below. It explains what to do.
If you have valid immigration status, such as:
- a green card,
- asylum or refugee status,
- a valid student or other visa, or
- unexpired TPS (Temporary Protected Status)
Carry: The law says you must carry with you your lawful permanent resident card or immigration papers that show your status.
Show: If law enforcement asks to see your papers, show them your copy.
- A pending asylum application
- An open immigration court case
- An immigration appeal
Carry: Have a copy of your immigration papers that show you applied for status or are appealing an immigration decision.
Show: If you get arrested, show your papers to the immigration agent.
Important! If you are not being arrested, stay silent.
If you are undocumented or your immigration status is expired…
Carry: If you do NOT have current immigration documents, but have been in the U.S. for at least 2 years, carry proof of your living here, such as:
- Your rental contract,
- Church or school records with your address,
- Mail that was sent to you at your home address, including the postmark that shows when it was mailed
- Other documents that show your name, a U.S. address, and date.
Show: Show proof of your living here for at least 2 years if you are arrested. This can protect you from quickly deporting you without seeing a judge. If you can’t prove you’ve lived in the U.S. for more than 2 years, they can deport you without giving you a chance to see a judge.
Important! If you are not being arrested, stay silent.
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