Know Your Rights

• Ask the officer: “Am I free to leave? 
• • If they say yes, then leave.
  • If they say no, you may technically be under arrest. 
• Tell the officer: “I want to remain silent”  
  • You have a constitutional right under the 5th Amendment not to incriminate yourself. This means you cannot be forced to reveal facts that can be used against you. If you admit your name or country of birth or how or when you came to the US, you will be helping ICE prove you are deportable. 
• Ask the officer if they have an arrest or search warrant. Tell them to show it to you. If they do not, say “I do not consent to this search.”   

If the officer has a warrant, ask to see it. You can tell them to slide it in a window or under a door.   

• Does the warrant list your name or home address? Does the warrant state its purpose? Does it have a current date or is the warrant expired?
• Who made the warrant? Is it issued by a federal or state court? Is it signed by a judge? 
• If the information on the warrant is incorrect, if it is expired, or if it is signed by anyone other than a judge, it is not a valid warrant to search. A warrant from ICE, Border Patrol, or other police is not valid if it is not signed by a state or federal judge or court. US Department of Homeland Security is not a court and an immigration officer is not a judge. 
• If the warrant is limited to a specific search area, do not let the officer search beyond that area.

Remember: 

• Be civil and nonviolent.
• Remember what happened as best you can. As soon as you are able after the encounter, write everything down. Include who said what to whom. If you or someone you are with can safely do so, record the encounter.
• Obtain the names and phone numbers of any witnesses and officers present.

If you are arrested or detained: 

• You have the right to a phone call.
• You have the right to contact your legal counsel.
• Do you take medications? Are you pregnant? Do you have a serious medical condition? If you are detained or arrested, be sure to let the officer know. As soon as you can, notify a friend or relative to bring you your required medications.

There are two ways for ICE to enter your home:

• with a valid warrant, which is rare, or
• with your consent or permission.

Do not open the door. Ask for identification.

As to see a warrant. If they have one, have the officer slide it under the door or through a window. If they do not have a warrant, do not consent to a search. 

Review the warrant. Does it name you? Does it list your location? Does it specify a specific room or space?

If there are sick, elderly, or pregnant people in the house, notify the officer.

You have the right to remain silent. Don’t give your name, country of birth, or citizenship.

If it is safe to do so, video or photograph the interaction.

As soon as they leave, write down what happened. Include who said what to whom.

ICE can enter public areas: lobbies, store fronts, parking lots, restaurants, etc. In public areas, you have the right to remain silent. Don’t give your name, country of birth, or citizenship.

In order to enter private areas, ICE requires a valid warrant signed by a judge. Private areas include warehouses, factories, kitchens, offices, and locked areas.

Have a protocol for your worksite. Know what is public versus what is private for staff. Designate staff (ideally a supervisor or manager) to interact with ICE in the event they show up.

If ICE does not have a warrant, they can enter if they are given permission. Employers and workers can refuse consent to enter.

If ICE does have a warrant, refer the officer to the designated workplace representative. Have the officer slide the warrant under the door or through a window. If there are sick, elderly, or pregnant people on site, notify the officer. Review the warrant: does it name you, your location, or a specific room or space? Limit any searches to the space, person, or people mentioned in warrant.

You have the right to remain silent. Don’t give your name, other workers’ names, country of birth, or citizenship. Do not sign anything. 

If it is safe to do so, video or photograph the interaction.

As soon as immigration enforcement leaves, write down what happened. Include who said what to whom. Take note of any searches outside of the place or people mentioned in the warrant. Note: ICE is questioning people standing nearby.

Do NOT run.

Before saying anything, ask Am I free to go? 

• If the officer says yes, then leave.
• If the officer says no, then you are being detained.

You have the right to remain silent. Do not even give your name or country of birth.

If the officers want to search you, say I do not consent to this search. 

If there is a warrant, ask to see it. Review it to determine who can be searched and what can be searched. Do not let the officer search beyond the limit of what is described in the warrant.

As soon as they leave, write down what happened. Include who said what to whom. Take note of any searches outside of the place or people mentioned in the warrant.

A warrant is required to search your phone.

Use a number passcode to lock your phone.

Some warrants may allow police to require you to unlock your phone.

If you give consent, then an officer can search your phone. You can say say, I do not consent to you searching my phone. 

In your car, if you are asked, you must provide your license, registration, and proof of insurance. Do not lie or provide false documents.

If an officer searches your car, say, I do not consent to a search. 

You have the right to remain silent.

In another person’s car, do not run. Ask if you are free to leave. If yes, then leave.

You have the right to remain silent.

Twelve states, including Washington, issue driver’s licenses regardless of immigration status. If you’re eligible, get a Washington drivers license or state ID. The Washington Department of Licensing is prohibited from sharing your information with immigration agencies.

Not everyone is eligible for a bond hearing before an immigration judge, but you should request one anyway. Find information about how to request one here.

For your bond hearing, you will need evidence of continued residence in the US, including your name. This can include:

• Leases or mortgage statements
• Utilities bills
• Insurance statements or cards
• Bank and investment statements
• Birth certificates of children, spouses, or parents who were born in the US
• Tax returns or tax transcripts
• Copies of green cards, US passports, or naturalization certificates for children, spouses, parents, and/or siblings

For some types of relief in court, residence info going back at least ten years is considered. Have a trusted friend or relative who can locate this information. We recommend keeping hard copies or an online file with easy access.

Make a list of contact information for potential witnesses who can testify at the bond hearing about your residence, good moral character, achievements, and contributions to your community.

Have contact information for an attorney who can represent you at the bond hearing.

If you are arrested by ICE more than 100 miles from the border, you will need to prove residency in the United States for at least two years. If you are arrested less than 100 miles from the border, you will need to provide evidence of being in the United States for more than 14 days.

Evidence can include:

• Leases or mortgage statements
• Utilities bills
• Insurance statements or cards
• Bank and investment statements
• Birth certificates of children, spouses, or parents who were born in the US
• Tax returns or tax transcripts
• Copies of green cards, US passports, or naturalization certificates for children, spouses, parents, and/or siblings

Make a list of contact information for potential witnesses who can testify at the bond hearing about your residence, good moral character, achievements, and contributions to your community.

Provide evidence of your current status. For example, any pending applications, approved DACA, TPS, work visas, work permits, etc.

Have contact information for an attorney who can represent you at the bond hearing.

Some people with certain criminal situations may be required to be in detention if they’re caught by ICE. Share copies of any criminal records with your attorney.

If you feel you will be persecuted or harmed if you return to your home country because of your race, religion, nationality, membership in a particular social group or political opinion, tell the officer about your fear and ask for a “credible fear” interview right away. 

Even if you are in a mixed status family or if you were born in the US to parents who were not citizens or green card holders at the time, everyone should have a family safety plan.

Safety plans tell your trusted family members or friends where to find your key documents and prepare to support your family in the event that you are arrested by ICE. If applicable, your plan should give a trusted person permission to pick up your kids at school, take them to doctors, or help with other basic needs if you cannot get home. In addition, if you need medication or have other health needs, your trusted people should know where those medications are, how often you need them, and any other health needs that should be communicated to your attorney or ICE. 

Examples of family safety plans in English and Spanish can be found below.

• Immigrant and Youth Family Resources (English and Spanish)
• Immigrant Legal Resource Center (English and Spanish)
• Catholic Legal Immigration Network, Inc. (English)

Make these safety plans now. You may need to consult a local family lawyer about custody and guardianship matters. 

Find a lawyer:

• The American Immigration Lawyers Association
• Washington New Americans

The federal government is very strict about who is allowed to give you legal advice, represent you in removal proceedings, or help prepare an immigration or citizenship application. Those approved to help you include the following: 

• A licensed attorney who is not subject to discipline by a state bar or the federal government. You can check an attorney’s license status with the State Bar Association where they are admitted to practice. For Washington State, click here. 
• A US Department of Justice (DOJ) Accredited Representative who works for a DOJ Accredited organization.  Both the organization and the person helping you must be accredited. You can find a list of accredited organizations and people here.  You should cross reference licensed attorneys and DOJ reps to see if they have been disciplined here. 
  • Note: A DOJ rep may be accredited only before USCIS or may be accredited to practice before BOTH USCIS and the immigration courts (EOIR). 
• Law students working under the supervision of a licensed attorney. 

Notarios, notary publics, travel agents, tax preparers, immigration consultants and other similarly titled people are NOT allowed to provide legal advice or prepare forms.

Interpreters may only translate what you state the answers to a form should be into English. They may not give legal advice or prepare forms. Anyone helping you to prepare your form must sign the form as a preparer. Interpreters must also sign. 

Watch out for scams.