Know Your Rights

Are you worried about remembering your rights or saying the wrong thing when approached by immigration enforcement officers? Red cards are like helpful business cards that you can hand to an officer if he/she approaches you in public or slide under your front door if he/she knocks and begins to ask questions. Red cards are printed with your rights under the Constitution, and a statement that you are exercising your right to remain silent.

Red Card steps:

• Print out red card.
• Place red card in your wallet or purse.
• If approached by an officer in public and questioned, ask if you can remove the card from your wallet and show it to the officer.
• If an officer approaches your home, slide the card to the officer under the front door or hold it up against a window for them to read.

If ICE knocks on the front door of your home or apartment and asks to enter, do not open the door. ICE is only allowed to enter if they have a valid judicial search or arrest warrant with your correct name and/or address, signed by a judge.

Ask the officer to slip the warrant under the door or hold it up to your front window so you can examine it. ICE will usually have a warrant of deportation or removal, which is signed by an immigration official, not a judge, and does NOT give them permission to enter the home even if you or another occupant’s name is on it, unless you give them permission. If this is the only warrant they provide, you should NOT open the door.

Although opening the door does not mean that you are giving them permission to enter our home, officers may say later that you did.  

If the officer refuses to show you their warrant, tell them that because they have not demonstrated that they have a valid warrant, you are exercising your constitutional right and will not open the door to them.

 In order for a search warrant to be valid, it must meet the following criteria:

• Must be signed by a judge – NOT an immigration official
• Must contain the address of the home to be searched
• Must describe the area to be searched

You have the same rights in an apartment as you do in a house. ICE cannot force a landlord to open your front door if you refuse because they do not have a valid warrant.

• Stay calm and call an attorney right away.
• Don’t say anything to them except “I have the right to remain silent.”
• Do not sign any papers. You do not have to sign anything without your lawyer there.
• Record the incident on a phone or camera, and take notes of the officer’s badge number, agency, and full name, as well as the details of everything that happens.
• If you are asked to stop recording, it is advisable that you comply to limit escalating the situation. Instead, you can take mental notes and write them down immediately after the encounter.
• If you are detained and have U.S. citizen children who are minors, consider telling the officers this detail, as it could impact whether or not they choose to detain you. However, if your children are undocumented, you may not want to mention them in case ICE decides to detain them as well.

Are you worried about remembering your rights or saying the wrong thing when approached by immigration enforcement officers? Red cards are like helpful business cards that you can hand to an officer if he/she approaches you in public, or slide under your front door or if an officer knocks on your front door and begins to ask questions. Red cards are printed with your rights under the Constitution, and a statement that you are exercising your right to remain silent. Read more about them here or go ahead and print one out.

ICE is only allowed to arrest you in a public place, like a park or the street, if they have a warrant with your name on it. Otherwise, to detain you, they need evidence that you are a non-citizen. Remember to stay calm and not to run.

If you are stopped, ask the officer: “Am I being arrested or detained?” If the officer says no, then ask “Am I free to leave?” If they say yes, calmly walk away. If they arrest you, ask to call your lawyer. Remember: you have the right to remain silent and refuse a search. You do not have to sign any documents without your lawyer present.

If immigration enforcement attempts to enter your workplace to conduct a raid or detain individuals, remember the basic rights above. Make sure you make a plan with your coworkers that you trust ahead of time where everyone agrees to stay calm, not to run, and to stay silent.

Keep in mind that employers don’t have to let anybody enter their building without a search or arrest warrant. This may be a good topic to address ahead of time with your employer so that they understand their own rights and can better protect their employees.

If you are stopped while driving, show the police your driver’s license (if you do not have a valid license, you should NOT be driving). If they ask, show your car registration and proof of insurance. Other than that, you don’t have to say anything else. If an officer or immigration agent asks to look inside your car, you can tell them that you refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.

It is illegal for law enforcement officers to perform any stops, searches, detentions, or removals based solely on your religion, race, national origin, gender, ethnicity, or political beliefs.

However, law enforcement officers at the airport and at the border generally have the authority to search all bags and to ask you questions about your citizenship and travel itinerary, though if you are simply flying domestically (between U.S. cities or states) it is unusual for officers to ask questions about citizenship status. If you are taken into custody at the airport, you should request to speak with an attorney, not sign any papers, and remain silent.

It is important that you only attempt to fly if you have a valid (unexpired) state or federal ID. Some forms of ID that are accepted by TSA are: state-issued driver’s license, state ID, passport from your country of origin, or a DACA EAD card.

Are you worried about remembering your rights or saying the wrong thing when approached by immigration enforcement officers? Red cards are like helpful business cards that you can hand to an officer if he/she approaches you in public or slide under your front door if he/she knocks and begins to ask questions. Red cards are printed with your rights under the Constitution, and a statement that you are exercising your right to remain silent. Read more about them here or go ahead and print one out.

1. Stay calm and do not run away
2. Remain silent, or tell the ICE agent that you want to remain silent. If you do speak, do not lie.
3. Ask to speak with a lawyer
4. Do NOT sign any documents or answer questions without your lawyer present
5. Record details and names of officers

Find more information and resources on how to prepare yourself for an immigration raid here.

Enter your zip code to find organizations that work with immigrants and provide legal services or legal defense near you. Find our service organizations lookup tool here.

The American Immigration Lawyers Association (AILA) maintains a list of licensed immigration attorneys in every state in the U.S. Click here to be taken to their list of lawyers and search for one in your zip code.

The National Immigration Project of the National Lawyers Guild also keeps a list of licensed immigration lawyers filtered by state. Click here to be taken to this list.

Finally, the American Bar Association maintains a site with pro-bono lawyers and free answers to common legal questions. Click here to be taken to this list.

In many Latin American and European countries, a “notario publico” (which translates into “notary public”) has the equivalent of a law license and is qualified to advise and represent clients before the government. However, in the U.S. a “notary public” is only qualified to witness the signature of forms. Notary publics, or notarios, are NOT attorneys, and are not qualified to represent anybody in court, despite what they may mislead their clients into believing.

Be careful when seeking legal help: just because somebody says they can help you, does not mean that they are qualified to provide legal advice or to correctly complete important immigration forms. In some cases, people relying on a notario have received bad legal advice or had their paperwork filed improperly, resulting in long processing delays, additional fees, or deportation. Notarios are not lawyers, and only a licensed attorney or an individual accredited by the Department of Justice to practice law in front of USCIS and immigration courts may provide you with legal advice.

Here are some important things to look out for when seeking immigration legal assistance:

• • Check credentials: The individual seeking to provide you with legal advice must be a licensed attorney or accredited by the Department of Justice to provide immigration legal assistance. Before choosing somebody to assist you with your immigration case, verify their credentials by checking the state Bar Association’s list of lawyers in good standing or the DOJ’s List of Accredited Representatives and Recognized Organizations. You may also ask the individual to show you their credentials; they should have no problem doing so.
  • Payments: USCIS does not accept payments through Western Union, Paypal, over the phone or through email, and will never ask you to transfer money to an individual. If this request is made of you, it is likely a scam and you should seek out additional assistance from a nearby non-profit or licensed attorney immediately.
  • USCIS Forms: Never pay a website or individual to download or access a USCIS form. USCIS forms are always free and available for download on the USCIS website. You can also pick up free forms at the local USCIS office or order them over the phone at 800-870-3676.

• Too good to be true? If a notario claims to have connections in government or immigration processing centers that will speed up your application approval, it is likely a scam. Similarly, if you have been advised by licensed attorneys previously that you are not eligible for existing forms of immigration relief, and then a notario claims that they know of another, secret way, do not believe them.

• Case contract and updates: You are entitled to a written contract with your lawyer that lays out the work being done and all associated fees and expenses. If any of the terms of the agreement change, make sure to have those changes in writing, and make sure to request a receipt of any payments you make.
• Applications: Do not sign applications that contain false information, or that are blank. Always get proof that your papers have been filed by asking for a copy of the government filing receipt.

If you have been harmed by a notario, you can report them here to prevent them from taking advantage of others.

Source: USCIS Avoid Scams; Stop Notario Fraud