You have constitutional rights:
• DO NOT OPEN THE DOOR if an immigration agent is
knocking on the door.
• DO NOT ANSWER ANY QUESTIONS from an
immigration agent if they try to talk to you. You have the
right to remain silent.
• DO NOT SIGN ANYTHING without first speaking to a
lawyer. You have the right to speak with a lawyer.
• If you are outside of your home, ask the agent if you are
free to leave and if they say yes, leave calmly.
Use these talking points:
- I do not wish to speak with you, answer your questions,
or sign or hand you any documents based on my 5th
Amendment rights under the United States Constitution. - I do not give you permission to enter my home based
on my 4th Amendment rights under the United States
Constitution unless you have a warrant to enter, signed
by a judge or magistrate with my name on it that you slide
under the door. - I do not give you permission to search any of my
belongings based on my 4th Amendment rights.
I choose to exercise my constitutional rights.
All people living in the United States, including undocumented immigrants, have certain U.S. Constitutional rights. If you are undocumented and immigration (ICE) agents knock on your door, know that you have the following rights:
- You do not have to open the door. You do not have to open the door or let the officers into your home unless they have a valid search warrant signed by a judge.
- An ICE deportation warrant is not the same as a search warrant. If this is the only document they have, they cannot legally come inside unless you verbally agree to let them in.
- If the officers say they have a search warrant signed by a judge, ask them to slide it under the door or hold it up to a window so you can see it.
- If the warrant does not have your correct name and address on it and is not signed by a judge you do not have to open the door or let them inside.
- If at any point you decide to speak with the officers, you do not need to open the door to do so. You can speak to them through the door or step outside and close the door.
- You have the right to remain silent. You do not need to speak to the immigration officers or answer any questions.
- If you are asked where you were born or how you entered the United States, you may refuse to answer or remain silent.
- If you choose to remain silent, say so out loud.
- You may show a know-your-rights card to the officer that explains that you will remain silent and wish to speak to a lawyer.
- You may refuse to show identity documents that say what country you are from.
- Do not show any false documents and do not lie.
- You have the right to speak to a lawyer. If you are detained or taken into custody, you have the right to immediately contact a lawyer.
- Even if you do not have a lawyer, you may tell the immigration officers that you want to speak to one.
- If you have a lawyer, you have the right to talk to them. If you have a signed Form G-28, which shows you have a lawyer, give it to an officer.
- If you do not have a lawyer, ask an immigration officer for a list of pro bono lawyers.
- You also have the right to contact your consulate. The consulate may be able to assist you in locating a lawyer.
- You can refuse to sign any/all paperwork until you have had the opportunity to speak to a lawyer.
- If you choose to sign something without speaking to a lawyer, be sure you understand exactly what the document says and means before you sign it.
If you want more information about your rights or to learn if you might be eligible for immigration benefits or relief, speak to a reputable immigration lawyer. Go to www.ailalawyer.org to connect with a lawyer in your area.
