Know Your Rights
Firm recommendations
- Carry evidence: Keep evidence of your pending case with you. If you are questioned by immigration, you can share this evidence.
- Remain silent: If you are taken into custody, you can remain silent, except to ask to speak to a lawyer.
- Avoid legal violations: Legal violations can delay your case or lead to removal proceedings.
- Be aware of government impersonators: USCIS will only contact you through official government channels.
- Be aware of scam websites: Make sure websites claiming to be affiliated with USCIS are legitimate.
- Do not pay fees by phone or email: USCIS will never ask you to pay fees to a person on the phone or by email.
- Don’t let ICE officers enter your home without a warrant signed by a judge: ICE officers usually ask for permission before entering your home or only have administrative warrants signed by ICE officers. You don’t need to voluntarily give your consent to ICE officers for them to enter your home. You can refuse to give them permission to enter your home, and you should ask ICE officers to see the warrant signed by a judge that allows them to enter your home.
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 are over 18, always carry your papers with you. If you do not have them, tell the officer that you want to remain silent, or that you want to consult a lawyer before answering any questions.
What to do in such an encounter
- In some states, you must provide your name to law enforcement if you are stopped and told to identify yourself. But even if you give your name, you do not have to answer other questions.
- If you are driving and are pulled over, the officer can require you to show your license, vehicle registration and proof of insurance, but you do not have to answer questions about your immigration status.
- Customs officers can ask about your immigration status when entering or leaving the country. If you are a lawful permanent resident (LPR) who has maintained your status, you only must answer questions establishing your identity and permanent residency. Refusal to answer other questions will likely cause delay, but officials may not deny you entry into the United States for failure to answer other questions. If you are a non-citizen visa holder, you may be denied entry into the U.S. if you refuse to answer officers’ questions.
At Dyer Immigration Law Group, immigration is all our attorneys do. We help businesses and individuals attain their immigration goals and help vulnerable immigrant populations seek relief in the form of asylum, relief for victims of domestic violence, trafficking, and other crimes, temporary protected status, NACARA cancellation of removal, and other forms of relief.