Know Your Rights With the Police and Immigration Agents

• Ask if you are free to leave. If the police officer or ICE says yes, calmly walk away. 
• You have the right to remain silent, even if the officer has a warrant. If you wish to exercise that right, say so out loud. 
• Anything you say – including sharing the country in which you were born, your immigration status, or your criminal history – can be used against you.  
• You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. 
• If you are witnessing a concerning police or ICE interaction, you have a right to record from any public space, like a street or sidewalk, but be careful not to physically interfere.

• Be polite and calm. Do not run.
• Do not physically resist or reach for your belongings without permission, even if you think ICE or the police are acting unfairly or unlawfully.
• Never lie to a police officer or ICE.
• Do not carry false identification documents.
• If you are over the age of 18 and have immigration status, carry proof (e.g. your green card or other immigration documents) with you always. 
• Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer.

• Do not resist arrest. 
• Do not talk about your situation or status or try to “explain” the situation.
• You have the right to remain silent. If you wish to exercise that right, say so out loud. 
• If you have a lawyer, give police or ICE the lawyer’s name or card. If you do not have an attorney, ask for the list of free legal services in your area.
• Do not sign anything without first talking to an attorney.
• You have the right to an interpreter in your own language. 
• Do not sign anything in a language that you do not understand.
• Be aware that just because you know your rights and choose to exercise them does not mean that the police or ICE will follow the law and respect your rights.

First, always ask police officers or ICE, “Am I free to go?” If they say yes, you have the right to remain silent and leave. If they say no, you are being detained for questioning and possible arrest.

When you are detained on the street by a police officer

If a police officer says that you are not free to go, say, “I am going to remain silent.” You have the right not to answer any of the officer’s questions. Ask to speak to a lawyer or hand the police officer your attorney’s card. 

In Pennsylvania, you do not have to give the police information, such as your name, address, ID, or immigration status. However, if you choose not to show ID or give your name, you may be detained for longer while police try to identify you. For this reason, if you are lawfully present in the United States, you may wish to show your ID or provide your name. But if you do not have lawful immigration status, showing your ID or providing your name may result in detention by immigration authorities.

When you are detained on the street by ICE

If ICE says that you are not free to go and asks about your immigration status, you do not have to answer their questions. To exercise your right to remain silent, say, “I am going to remain silent,” and say nothing else. But if you have lawful immigration status and ICE asks for proof of your status (like a green card), you must give it to them if you have it with you. 

ICE cannot hold you unless they have reason to believe you are in the country without authorization or have violated an immigration-related criminal law. You do not need to help them figure out your status, and if you do and you are out of status you will likely be detained and put into deportation proceedings.

If police officers or ICE signal you to stop the car, you must pull over. Stay in the car. Do not get out unless the police officer or ICE tell you to do so. Keep your hands in plain sight and don’t make any sudden moves.

You do not have to answer police officer’s or ICE’s questions about your immigration status, nationality, or how you entered the United States. If police officers or ICE ask you any of those questions, exercise your right to remain silent. This includes if a police officer calls ICE on the phone and tells you to speak with them. If this happens, you should only say, “I am going to remain silent.”

When you are stopped in a car by a police officer 

If you are the driver, police officers may ask for your name, driver’s license, vehicle registration, and proof of insurance. You must show these documents if you have them. If you do not have these documents, do not give false documents.

If you are the passenger, ask, “Can I go?” If the police officer says yes, you should sit silently or leave (if you are in a place you feel safe). The police may ask for your ID but unless they have reasonable suspicion that you committed a crime, police may not force passengers to provide ID. 

If a police officer says that the passenger is not free to go, the passenger should say, “I am going to remain silent” and ask for a lawyer immediately. The passenger has the right not to answer any of the police officers’ questions. 

If a police officer asks to search your car, you have a right to say no. You cannot be arrested for refusing to consent to a search. However, if they see evidence of a crime in plain view, (like drugs or drug paraphernalia on a seat), the officer can search without your consent. 

When you are stopped in a car by ICE

To legally pull a car over, ICE is supposed to have reasonable suspicion that someone in the car does not have lawful immigration status.

Remember that ICE does not always wear uniforms that clearly identify themselves. Sometimes they wear vests that say “police.” Ask who they are if you are not sure.

If ICE requests ID and you do not have lawful immigration status, you have a right to decline to provide your ID or answer ICE’s questions. If you choose not to give your ID and ICE believes they have a legal basis to do so, they may continue to detain you to try to determine your identity through a mobile fingerprint machine or other means. Remember, if you want to exercise your right to remain silent, say so. 

If you have lawful immigration status  and are asked to show proof of your status, show proof of your status (like your green card or work permit if you are here under other programs like TPS, DACA, or parole).  But you do not have to answer ICE’s questions. 

You do not have to open the door for ICE or police officers unless they have a search warrant or an arrest warrant signed by a judge with your address on it.

You do not need to let ICE or a police officer inside your house or apartment unless they have a search or arrest warrant signed by a judge. If they knock, do not open the door, but ask them to show their ID to be sure they are who they say they are, and to slip the warrant under the door.

ICE typically uses “administrative warrants,” not “judicial warrants.” If ICE has an administrative warrant, you are not required to let them in. You can say, “I do not give you permission to come inside. Please leave.” 

But if ICE has a judicial warrant with your address, you must let them in. But a judicial warrant is valid only if it has all of the following elements:

• Issued by a state or federal court (court’s name and seal should be at top);
• Signed by a state or federal judge or magistrate; signatures by an immigration judge, Department of Homeland Security (DHS) agent, or Immigration and Customs Enforcement (ICE) official not enough; 
• Lists exact address of house/apartment where you are; and
• Is not expired. Federal judicial search warrants are usually valid no more than 14 days after the issue date. Pennsylvania judicial search warrants are generally valid no more than two days from date issued. Arrest warrants typically do not expire until an arrest is made or circumstances change.

If you are in someone else’s house, you still do not have to open the door unless ICE or the police have a judicial search or arrest warrant with the correct address or name on it.

If ICE enters your home without a valid judicial warrant, say, “I do not consent to you searching my home,” but do not interfere.

If you do not understand the police officer or ICE, you have the right to an interpreter.

Police officers or ICE need either a valid judicial warrant or consent from the employer to enter non-public areas of a worksite or business. 

If police or ICE enter your workplace, you still have a right to remain silent and request a lawyer. You do not have to answer questions - including about your nationality, immigration status or how you entered the U.S.

If you feel comfortable discussing with your employer, ask them to designate someone to review any warrant from ICE to ensure it is a valid judicial warrant before letting ICE in and where possible, to post signs designating certain areas of your workplace non-public.

If your workplace has a union, check if they have an agreement with your employer to not permit ICE on the job site without a valid judicial warrant. See the “Your Rights at Home” section of this webpage for more information on how to check if a judicial warrant is valid.