All people living in the United States, including undocumented immigrants, have certain U.S. Constitutional rights. If you are undocumented and immigration (ICE) officers stop you on the street or in a public place, know you have the following rights:
- You have the right to remain silent. You do not need to speak to the immigration officers or answer any questions.
o You may ask if you are free to leave. If the officer says no, you may exercise your right to remain silent.
o If you are asked where you were born or how you entered the United States, you may refuse to answer or remain silent.
o If you choose to remain silent, say so out loud.
o You may show a know-your-rights card to the officer that explains that you will remain silent and wish to speak to an attorney.
o You may refuse to show identity documents that say what country you are from.
o Do not show any false documents and do not lie.
- You may refuse a search. If you are stopped for questioning but are not arrested, you do not have to consent to a search of yourself or your belongings, but an officer may “pat down” your clothes if he or she suspects you have a weapon.
- You have the right to speak to a lawyer. If you are detained or taken into custody, you have the right to immediately contact a lawyer.
o Even if you do not have a lawyer, you may tell the immigration officers that you want to speak to a lawyer.
o If you have a lawyer, you have the right to talk to them. If you have a signed DHS Form G-28, which shows you have a lawyer, give it to an officer.
o If you do not have a lawyer, ask an immigration officer for a list of pro bono lawyers.
o You also have the right to contact your consulate. The consulate may be able to assist you in locating a lawyer.
o You can refuse to sign any/all paperwork until you have had the opportunity to speak to a lawyer.
o If you choose to sign something without speaking to a lawyer, be sure you understand exactly what the document says and means before you sign it.