Your General Rights
- You have the right to remain silent.
- You have the right to speak to a lawyer.
- DO NOT LIE. It will only make the situation worse in future.
- You do NOT have to disclose the following information:
- Your place of birth
- Your immigration status
- Your criminal record
- You do NOT have to give them the following documents unless they have a judicial warrant:
- Your consular documents
- Your passport
- You do not have to sign anything
Your Rights while Driving
While driving, you may be detained by:
- A police officer (more frequently)
- Border Patrol (especially alongside border states)
If stopped by the police:
- Stop your vehicle and turn on the emergency lights.
- Lower the window, keep your hands visible.
- Show your license, registration and proof of insurance upon the officer’s request.
- DO NOT show false documents.
- Showing foreign ID’s is not recommended, but if you have a reason to believe this will help you avoid being taken to a police precinct and get a ticket instead, it may be reasonable to do so.
- Do not give the following information:
- Your immigration status
- Your country of origin.
- You have the right to remain silent.
- You have the right to not consent to vehicle search without a proper warrant, unless there is reasonable suspicion.
If stopped by Border Patrol
- They may have suspicion of an immigration violation or crime
- They may ask questions about your immigration status.
- You cannot be stopped on race or ethnicity basis only
- You have the right to remain silent
- You do not have to sign anything
*The majority of Border Patrol checkpoints is located near the Northern border with Canada.
**Regardless of the information above, everyone should act based on common sense and whatever is safer in each given situation.
Your Rights at the Place of Employment
- ICE agents may freely enter a PoE which is open to the public.
- ICE agents cannot freely enter a non-public PoE without consent of the employer, or a valid warrant.
Employment Authorization:
- Employers are required by law to verify EAD (Employment Authorization Documents) of their employees and you may be requested to fill out an I-9 form in order to verify or reverify your status.
- You have right to ask your employer to allow some time while you are preparing the documents.
- Do not submit false documents, IDs, SSN, etc.
- If you receive a minimum wage or your right to organize, it is illegal for your employer to threaten you with ICE.
Any breaches by the ICE might be challenged in court.