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Know Your Rights as an Immigrant

Posted by Anya Lear | Jan 24, 2025

Why You Should Know Your Rights

   Knowing your rights helps you stay calm and confident, when dealing with ICE or law enforcement, reducing fear and avoiding panic.

   Understanding what you can and cannot be forced to do will empower you to act more rationally, avoid impulsive actions (like running away or arguing), and focus on next steps (like contacting an attorney).

How Knowing Your Rights Can Protect You

   Law enforcement and ICE may use intimidation, misinformation, or threats to pressure you into self-incrimination or signing harmful documents.

   By knowing you don't have to answer certain questions, sign forms, or consent to searches without a warrant, you can resist these tactics.


 

Your Right To Remain Silent

Immigration and Customs Enforcement (ICE) can only deport you if they have proof you are not a citizen.

DO NOT give them proof by answering their questions or providing your foreign identification documents.

Especially don't say where you are from, where you were born, or your nationality.

The key is to assert your right to remain silent before ICE when asked these questions:

• ICE: “Where are you from?”

ANSWER: “I assert my right to remain silent”

• ICE: “Where were you born?”

ANSWER: “I assert my right to remain silent”

• ICE: “What is your nationality?”

ANSWER: “I assert my right to remain silent”


When Asked to Provide an Identification Document

First determine who is asking you for an ID: a local police officer or an ICE agent.

If asked for an ID by a Local Police Officer:

In Colorado, a police officer can stop someone they reasonably suspect of committing a crime.

The officer can ask for the person's name, address, and identification, if available. If you do not have your ID on you, you still have to tell the police your name and address (if they ask). 

  Refusing to give your name in Colorado is not in and of itself a crime, but it can be a contributing factor that leads police to arrest you for obstruction of a peace officer.

  Note that when you are pulled over by police when driving a car, you must provide your driver's license, registration, and proof of insurance, if you have it.

If state or local police ask for ID, you may choose to show proof of lawful immigration status, if you have it.

If you do not have lawful status, you should not provide foreign identification (your foreign passport, a foreign driver's license, etc.)

If asked for an ID by an ICE Officer:

If you have lawful status and are not a U.S. citizen, you must provide proof of lawful status.

If you do not have lawful status, you should not provide your foreign ID, such as your foreign passport, your foreign consular card, or your foreign driver's license.


Know Your Rights in Your Home

If ICE knocks on your door, you have rights that protect you.

1. You Do Not Have to Open the Door

ICE can only lawfully enter your home in two situations:

With your permission or the permission of someone in your home.

With a search warrant issued by a judge.

2. Do Not Invite ICE Into Your Home

If ICE says they are there to arrest someone or search the home, do not open the door.

Opening the door may give them permission to enter.

Inform everyone in your household—including children—not to open the door to ICE. A child opening the door may be considered granting permission.

3. If ICE Claims to Have a Warrant

Talk to the officers through the door and ask to see their identification and the warrant. Review the warrant carefully:

It must be a search warrant.

  ICE cannot enter your home with just an arrest warrant.

It must have the correct address.

  An incorrect address invalidates the warrant unless you allow entry.

It must have a judge's signature. 

  Warrants signed by an immigration officer are not valid search warrants.

4. You Have the Right to Remain Silent

If ICE enters your home with a valid warrant, you can choose to remain silent.

If you need to speak, say: “I would like to speak to a lawyer before answering questions.”


Know Your Rights at Work

If ICE comes to your workplace, they generally must have a search warrant or the consent of your employer to search non-public areas. If ICE approaches you, you have rights that protect you.

1. Ask If You Are Free to Leave

If ICE approaches you in public, ask if you are free to leave.

If the answer is “yes,” calmly, slowly, and quietly walk away. Do not run or speak.

If they say “no,” do not walk or run away. Stay where you are.

2. You Have the Right to Refuse a Search

You do not have to consent to a search of yourself or your belongings or provide proof of employment authorization.

State clearly that you do not consent.

If the officer proceeds to search, stay calm, do not resist, and keep your hands visible.

3. You Can Refuse to Form a Line

If officers tell you to form a line based on immigration status, you have the right to stay where you are or move to a neutral area.

Invoke your right to remain silent.

Do not resist if forced to move.

4. You Have the Right to Remain Silent

You do not have to answer any questions without your lawyer present.

Show your Know Your Rights card, if you have one, or verbally state that you are exercising your right to remain silent.

ICE can only deport you if they have proof you are not a citizen.

DO NOT give them proof by answering their questions or providing your foreign identification documents.

DO NOT say where you are from, where you were born, or your nationality.

5. You Have the Right to Speak to a Lawyer

If you are detained, request to speak with a lawyer and remain silent.

You have the right to legal counsel, even if you have not hired one yet.


Know Your Rights in Your Car

If you are pulled over while driving, you have rights that protect you.

1. Stop the Car Safely

Once stopped, turn off the car, turn on the internal light, open the window partway, and place your hands on the steering wheel.

2. There Must Be a Reason for the Stop

Law enforcement must have reasonable suspicion of a violation or crime to stop you. You can ask:

    “Am I free to leave?”

    “Are you the police or immigration?”

    “Why did you stop me?”

3. Provide Requested Documents if Driving

If driving, provide your driver's license, registration, and proof of insurance, if you have it.

If you do not have these, say you are exercising your right to remain silent.

In many states, driving without a license is an arrestable offense.

Police officers in Colorado have the authority to make a custodial arrest for driving without a license.

4. Passengers Do Not Have to Provide Identification

Note that passengers generally do not have to provide ID unless lawfully detained.

5. If Officers Claim to Have a Warrant

Ask to see the officer's identification and review the warrant:

Search Warrant: Officers can search your car if you consent, they have a search warrant specifying your car, or they believe your car contains evidence of a crime.

Arrest Warrant: ICE can arrest the person named in the warrant but cannot search the car without additional legal grounds.

6. You Have the Right to Remain Silent

Show a Know Your Rights card or state that you are exercising your right to remain silent.

If you need to speak, say: “I would like to speak to a lawyer before answering questions.”


Know Your Rights in Public Spaces

If you are in a public space, such as a street or sidewalk, and ICE approaches you, you have rights that protect you.

1. Ask If You Are Free to Leave

Ask if you are free to leave.

  If the answer is “yes,” calmly walk away.

  If the answer is “no,” remain where you are.

2. You Have the Right to Refuse a Search

Do not consent to a search of yourself or your belongings.

State clearly that you do not consent.

If the officer proceeds, stay calm and do not resist.

3. You Have the Right to Remain Silent

You are not required to answer questions.

Show your Know Your Rights card or verbally state that you are exercising your right to remain silent.

4. You Have the Right to Speak to a Lawyer

If you are detained, request to speak with a lawyer and remain silent.

You have the right to legal counsel, even if you have not hired one yet.


If you have specific questions about your immigration situation or would like to discuss your immigration options, schedule your consultation with an immigration attorney HERE.

About the Author

Anya Lear

My passion for immigration law is rooted in my own story. I was born and raised in Moscow, Russia, and came to the United States to attend college. As my own immigration path to become a U.S. citizen was not always straightforward, I am well familiar with immigration struggles. I personally exper...

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