On Jan. 20, 2025, DHS issued a directive rescinding the protected areas policy that had previously provided relative safety from immigration enforcement in certain places providing essential services or activities. This included areas such as schools, places of worship and religious study, domestic violence shelters, places where disaster or emergency relief is being provided, and many more locations.
Rights of Immigrants
• Right to remain silent (Fifth Amendment) Do not tell the offcer your country of nationality. Talk to a local advocate about whether you must produce identifcation.
• Reasonable expectation of privacy (Fourth Amendment) ICE must have a judicial warrant or specifc consent of a person to enter non-public areas.
• Right to refuse a search.
• Right to speak to an attorney.
• Right to refuse to sign documents.
*Please note that one must actively state that they are exercising these rights to ensure they are preserved (even if immigration enforcement does not adhere to them).
Rights Specific to Medical Settings
• The Health Insurance Portability and Accountability Act of 1996 (HIPAA) has privacy laws that restrict covered entities from disclosing a patient’s health information (PHI).
The Network for Public Health Law states that disclosing immigration status or country of origin alone would constitute PHI if used in combination with other information such as the patient’s name or address.
• There are both civil and criminal penalties for HIPAA violations and can also result in professional discipline or licensing consequences.
• The Fourth Amendment.
Individuals are free from illegal searches or seizures. Reasonableness of the search dependent on expectation of privacy in the areas searched. It is likely that a doctor’s offce or examination room has a reasonable expectation of privacy since it is not a public space; waiting areas or lobbies at a health center open to everyone will not have the same protections.
• The right to remain silent applies if an agent questions an immigrant in a health care facility.
• Immigrants do not have to consent to disclose their information.
Best Practices for Health Care Facilities
• Establish a written policy designating public and private areas, how to respond to immigration enforcement, and how immigrant patients are protected.
• Ensure the signage clearly shows public versus private areas.
• Designate specifc staff to talk to ICE. Ensure all staff are trained to contact that person if ICE shows up and to tell ICE that they are not authorized to provide them with information or access to non-public areas.
• If the designated representative fnds that the document is not signed by a judge or a magistrate, clearly state that the medical provider does not give immigration offcers permission to enter private areas without a judicial warrant, which they do not have.
• The medical provider who receives a court order, warrant, subpoena, or summons should verify that it is valid by checking that the document was (1) signed by a judge or magistrate judge, (2) includes the date, (3) the address of the specifc premises to be searched (for a search warrant), and (4) describes the specifc items, information, or person being sought.
Protecting Information
• The medical provider may (and probably should) seek legal counsel before releasing the records.
• The medical provider should redact any portions of the document not covered by the specifc request.
• Avoid collecting immigration status information (Florida and Texas have laws that require such collection, but there are ways to mitigate the harmful effects as stated in a CLINIC explainer).
• Ensure that information on immigrant patients is not left in “plain view” in public spaces as immigration enforcement is allowed to look at what is out.
• Have someone pay attention to what the enforcement agent(s) is doing to ensure they comply and stay within the parameters of the judicial warrant and do not try to exceed it. It is important to write down everything that is witnessed.
• Educate the community to understand how you protect their information.
• Know relevant state policies.
KNOW YOUR RIGHTS IN PLACES OF WORSHIP
On Jan. 20, 2025, DHS issued a directive rescinding the protected areas policy that had previously provided relative safety from immigration enforcement in certain places providing essential services or activities. This included areas such as schools, places of worship and religious study, domestic violence shelters, places where disaster or emergency relief is being provided, and many other locations.
Rights of Immigrants
• Right to remain silent (Fifth Amendment)
Do not tell the offcer your country of nationality.
Talk to a local advocate about whether you must produce identifcation.
• Reasonable expectation of privacy (Fourth Amendment)
ICE must have a judicial warrant or specifc consent of a person to enter non-public areas.
• Right to refuse a search.
• Right to speak to an attorney.
• Right to refuse to sign documents.
*Please note that one must actively state that they are exercising these rights to ensure they are preserved (even if immigration enforcement does not adhere to them).
Religious Rights and Issues to Consider
• The First Amendment
Religious Liberty (The Free Exercise Clause) Rights of Association
Freedom from governmental interference in expressive association when engaging with others in protected religious exercise, speech, or peaceable assembly.
• Separation of church and state.
• The Religious Freedom and Restoration Act of 1993 (RFRA)
Prohibits government from “substantially burdening a person’s exercise of religion” unless it (1) “furthers a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.”
• The Fourth Amendment.
Individuals are free from illegal searches or seizures. Reasonableness of the search dependent on expectation of privacy in the areas searched.
Important Updates/Litigation
• Currently, certain Quaker groups and other religious groups have fled suit because of how the recission of the policy was deterring members from attending services.
A federal judge barred immigration agents from conducting their enforcement at these very specifc locations named in the suit.
• On Feb. 11, 2025, other groups rooted in Jewish and Christian faiths fled suit as well. The complaint stated, “Animating these associations are Plaintiffs’ central and sincerely held religious beliefs in providing sanctuary, welcoming the stranger, caring for one’s neighbor, and worshipping God in community, among others. These beliefs extend to the inclusion of immigrants in church services and activities, regardless of legal status.”
Best Practices for Places of Worship
• Establish a written policy designating public and private areas, how to respond to immigration enforcement, and how immigrants are protected.
• Ensure the signage clearly shows public versus private areas.
• If there are areas that do not seem to clearly ft in public or private, enact policies and provide messaging around the spaces to limit access (when able).
• Avoid asking for immigration status.
• Know state, county, and municipal laws and protections.
• Consult with your diocesan attorneys about what you can and cannot do in your parishes or Catholic agencies. Legal professionals can guide places of worship through the nuances of the law, ensuring compliance and reducing the risk of legal complications while establishing policies to protect your immigrant communities.
• Designate specifc staff to talk to ICE. Ensure all staff are trained to contact that person if ICE shows up and to tell ICE that they are not authorized to provide them with information or access to non-public areas.
• Inform staff and congregants of ways arrests may happen in these sacred spaces: When there is imminent danger to public safety; Through a judicial warrant; or Through consent from church authorities.
• If there is a valid judicial warrant, have policies in place so that arresting authorities exercise caution and minimize disruption to ongoing religious activities.
• Document all interactions with immigration enforcement to ensure they are not exceeding their scope.
Sanctuary Policies
• Remember that there are harboring laws that could impact your assistance to immigrants. In order to know your potential liability for your particular locality, please consult with an attorney.
• NIPNLG, Setting the Record Straight About Sanctuary Policies: A Response to Threats Against Sanctuary Cities
• ACLU, Sanctuary Congregations and Harboring FAQ
KNOW YOUR RIGHTS IN SCHOOLS
On Jan. 20, 2025, DHS issued a directive rescinding the protected areas policy that had previously provided relative safety from immigration enforcement in certain places providing essential services or activities. This included areas such as schools, places of worship and religious study, domestic violence shelters, places where disaster or emergency relief is being provided, and many other locations.
Rights of Immigrants
• Right to remain silent (Fifth Amendment)
Do not tell the offcer your country of nationality.
Talk to a local advocate about whether you must produce identifcation.
• Reasonable expectation of privacy (Fourth Amendment)
ICE must have a judicial warrant or specifc consent of a person to enter non-public areas.
• Right to refuse a search.
• Right to speak to an attorney.
• Right to refuse to sign documents.
*Please note that one must actively state that they are exercising these rights to ensure they are preserved (even if immigration enforcement does not adhere to them).
Rights Specific to School Settings
• The Family Educational Rights and Privacy Act (FERPA) protects the release of students’ information.
• Plyler v. Doe (1982) granted the right to a free K-12 education, regardless of immigration status (this extends to free and reduced lunch).
• Title VI of the Civil Rights Act of 1964 upholds equal access to public education by prohibiting discrimination on the basis of race, color, or national origin. It requires public schools and state education agencies to take steps to address language barriers. Schools are required to provide parents or guardians with access to information in a language in which they are profcient.
• The McKinney-Vento Homeless Assistance Act provides rights to students experiencing homelessness, regardless of immigration status. These students can enroll immediately even without documentation.
• The Fourth Amendment Individuals are free from illegal searches or seizures. Reasonableness of the search dependent on expectation of privacy in the areas searched.
Best Practices for Schools:
• Have a written policy about how the school handles interactions with law enforcement.
• Train staff to know the policy and to respond appropriately to situations involving undocumented students and their families.
• Have a school district attorney who can verify if any warrants from an offcer are valid judicial warrants and not just ICE administrative warrants.
• Be fexible about what documentation is accepted.
• Have a policy that states the school does not ask about or disclose immigration status.
• Schools should remove any requirements for U.S.based identifcation, voter registration, and vehicle registration.
• When requesting a Social Security number, the school should make it clear that providing the information is voluntary.
• Schools should be trained to not turn over personally identifable student records without the written consent of a parent or guardian, unless the information is requested through a subpoena or court order.
• The School Board, the Board of Education, and other leaders can issue resolutions and statements that show the values of the school(s).
• Publish the policies in various languages.
• Know relevant state policies.
Examples of State and Local Practices
• Guidance from The Century Foundation.
• Living document from Immigrant Connections on district and state policies.
• Know relevant state policies.
KNOW YOUR RIGHTS AT THE BORDER/AIRPORTS
All people in the United States, including undocumented immigrants, have Constitutional rights and protections. Neither immigration nor the police will assume you want to exercise your rights. You are in charge of asserting them by showing your Know Your Rights card or by telling the offcer you are exercising your rights.
At ports of entry, airports, and the border, you may encounter Customs and Border Protection (CBP), Homeland Security Investigations (HSI), Immigration and Customs Enforcement (ICE), or Transportation Security Administration (TSA). You have rights when interacting with them.
Immigration can question whether you have lawful immigration status and whether you are admissible to the United States.
You have the right to remain silent, but refusing to answer routine questions could delay you or cause you to be taken into secondary inspection.
If you are a U.S. citizen: You must only establish your identity and citizenship.
If you are a Lawful Permanent Resident: You must only establish your identity and residency. Thereafter, you cannot be denied entry, but you may be detained and placed in removal proceedings. Immigration may try to convince you to give up your residency by asking you to sign an I-407. Do not sign any documents without a legal representative. Only you or an immigration judge may revoke your residency.
If you are a non-citizen visa holder or visitor: You may be denied entry into the U.S. if you refuse to answer offcers’ questions.
If you are not a citizen, resident, or visa holder: You may be denied entry into the U.S. if you refuse to answer offcers’ questions.
You have the right to seek asylum.
If offcers tell you that you cannot enter and you are afraid of being persecuted if you return to your home country, you should tell the offcer you are afraid and ask for asylum.
Immigration can search your belongings for contraband.
Offcers do not need a warrant or probable cause like in other contexts. However, you cannot be selected for a search based on your religion, race, national origin, gender, ethnicity, or political beliefs. Be sure to remember anything an offcer says regarding why they are searching you and/or your belongings.
Strip Searches: Offcers can only perform a strip search in a private space if they have reasonable suspicion of an immigration crime or violation.
Electronic Devices: Offcers may ask for passwords for your electronic devices.
• If you are a citizen, you do not have to supply your password(s) or unlock your device.
• If an offcer confscates your electronic device, get a receipt and write down the offcer’s name, agency, and badge number.
Immigration may take you into secondary inspection.
Secondary inspection involves going to another room where you will be asked more questions. You should be treated with dignity and respect. Offcers take the position that you are not entitled to a lawyer, but we encourage you to ask to call your lawyer. If it becomes clear that you are under arrest or being investigated for a crime, you should ask to speak to a lawyer and then exercise your right to remain silent.
Immigration may take your fingerprints.
Visitors and lawful permanent residents are generally fngerprinted upon entry from abroad.
KNOW YOUR RIGHTS AT WORK
All people in the United States, including undocumented immigrants, have Constitutional rights and protections. Neither immigration nor the police will assume you want to exercise your rights. You are in charge of asserting them by showing your Know Your Rights card or by telling the offcer you are exercising your rights.
If ICE (immigration offcers) come to your work, 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.
You should ask if you are free to leave. If ICE approaches you in public, you may 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.
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. Refusing consent may not stop the offcer. If the offcer proceeds to search your person or your belongings, stay calm, do not resist the inspection, and keep your hands where the offcer can see them. Stating your objection preserves your rights.
You have the right to refuse to form
a line.
If offcers tell you to form a line based on immigration status, you have the right to stay where you are or move to a place that is not designated for a particular group of employees. You can tell offcers that you are invoking your right to remain silent. If you are forced to move, do not resist.
You have the right to remain silent.
You do not have to answer any questions without the presence of your legal representative. (In some states, you may be required to state your name if an offcer asks you to identify yourself and an offcer may arrest you for refusing to do so.) You can show the offcer your Know Your Rights card or tell the offcer you are exercising your right to remain silent. If you must speak, only say that you would like to speak to your legal representative before answering questions.
• Only provide your identifcation when the law requires you to do so.*
• Do not tell the offcer your country of nationality.
• Do not answer questions.
• Do not sign paperwork.
• Do not carry false documents.
• Do not physically interfere with the search.
You have the right to speak to a lawyer.
If the offcer tells you that you cannot walk away, you have been detained. You should ask to speak to a lawyer and then remain silent. You have the right to speak to a legal representative. It is okay if you have not hired a legal representative; you still have the right to consult with one.
*Talk to a local advocate about whether and when you must produce identifcation. For example, in most states, you must show a driver’s license if you have one and you are pulled over; you also must show your immigration identifcation to an immigration offcer who requests it if you have lawful status and are not a U.S. citizen.
KNOW YOUR RIGHTS BEFORE YOU “SELF DEPORT”
All people in the United States, including undocumented immigrants, have constitutional rights and protections. Neither immigration nor the police will assume you want to exercise your rights. You are in charge of asserting them by showing your Know Your Rights card or by telling the offcer you are exercising your rights.
In May 2025, the Trump administration announced a new process for immigrants who choose to leave the United States “voluntarily and permanently.” The program is available through a Customs and Border Protection (CBP) app called “CBP Home.”
Note, however, that departing the United States, especially while already in removal proceedings, can have adverse impacts on your ability to return to the United States and pursue certain forms of relief. Much of the information being provided by the government about this program is misleading or inaccurate. Please exercise caution and understand your rights!
Talk to a qualified person before you download or sign up through the app
If you are interested in leaving the United States, DO NOT SIGN UP unless you have spoken to an immigration attorney or fully accredited representative about your options. Leaving the United States may make you ineligible for some types of immigration relief. You also may be temporarily or permanently barred from returning to the United States if you leave. If you are in removal proceedings and you depart the United States without receiving voluntary departure from an immigration judge, you may be issued an order of removal in your absence that can make it very diffcult to return.
The announcements for this program state that people who do not depart will not be eligible for immigration status. However, this is not true in many cases! There are ways to obtain immigration status without leaving the United States. If you do qualify for an immigration status here, you may give up the chance to seek this status by leaving.
Self-deportation is not always safe.
ICE claims that you will be able to return to your country safely. The U.S. government, however, cannot guarantee your safety once you leave the country.
The “Self-Deportation” program is not available to all immigrants.
Two groups of immigrants qualify for this program: (1) those who have encountered CBP in the past, and (2) individuals who entered through a countryspecifc parole program, including programs for Ukrainians, Afghans, Cubans, Haitians, Nicaraguans, and Venezuelans. If you are not a member of either of these groups, you will not be eligible for this program. Signing up for this program requires you to give your information to Immigration and Customs Enforcement (ICE). If you are not eligible for the program, you may be at even greater risk of ICE enforcement if you sign up through the app.
You have the right to remain in the country while your case is pending.
If you have an immigration case pending before the immigration court or the Board of Immigration Appeals, you will not be removed by ICE. You have the right to remain in the United States while your case is pending. If you leave the United States before your case is complete, an immigration judge may order you deported. This could make it more diffcult to return to the United States.
KNOW YOUR RIGHTS IN REMOVAL PROCEEDINGS
All people in the United States, including undocumented immigrants, have Constitutional rights and protections. Neither immigration nor the police will assume you want to exercise your rights. You are in charge of asserting them by showing your Know Your Rights card or by telling the offcer you are exercising your rights.
If you have been put in removal proceedings, you have rights that protect you.
You must be given a copy of your Notice to Appear (NTA).
An NTA is the document that starts your removal proceedings and tells you why immigration believes you should be removed from the U.S. Be sure to review the NTA with a legal representative.
You have the right to fight your case and have a trial.
If you recently entered the U.S. near the border or you have been deported before, immigration may try to deport you without a hearing or a legal representative. Generally, though, unless you miss a hearing, the government cannot deport you without frst giving you a trial (called an individual hearing) where you have the opportunity to fght for permission to stay in the U.S.
You must be given a Hearing Notice for each scheduled hearing.
The Hearing Notice lists the date, time, and place of your scheduled hearings. You can also check for scheduled hearings through the hotline. To use the hotline, you must have your immigration (“A”) number. Call 1-800-898-7180 or go to acis. eoir.justice.gov/en
You can be deported if you miss your hearing.
If you are not in court for a scheduled hearing, the judge will likely sign an order of deportation. With limited exceptions, this means you lose your case without a second chance to fght it.
You have the right to legal representation.
You can have a legal representative with you at all immigration hearings. The government will not provide you with free representation. If you do not have a representative, ask for a list of free or low-cost legal services and ask the judge for time to fnd one. A representative can help show that your reason for being here is a valid defense to being deported under U.S. law.
Note: In the U.S., notaries are not authorized to practice immigration law – only attorneys and accredited representatives. Beware of anyone engaging in unauthorized practice of law! You have a right to ask the person willing to help you if they are an attorney or fully accredited representative with authorization to practice law and go to immigration court with you.
You must be provided with an interpreter in a language you speak and understand fluently.
It is very important that you understand what is said in court, so if you have a hard time understanding the interpreter, you should tell the judge that.
You have the right to ask for voluntary departure.
You may do this if you do not want to fght your case. You are responsible for buying your ticket home and leaving within 60 days after the judge’s order. Talk to a legal representative about the consequences of voluntary departure and deportation.
You have the right to appeal.
Generally, if a judge issues an order you disagree with, you can ask it to be reviewed by a higher authority. Consult a legal representative about deadlines and legal authority for an appeal.
KNOW YOUR RIGHTS IN IMMIGRATION DETENTION
All people in the United States, including undocumented immigrants, have Constitutional rights and protections. Neither immigration nor the police will assume you want to exercise your rights. You are in charge of asserting them by showing your Know Your Rights card or by telling the offcer you are exercising your rights.
If you are arrested and placed in immigration detention, you have rights that protect you.
You have the right to remain silent.
You may be asked where you were born, how you entered the United States, or how long you have been here. You do not have to answer. If you respond, your responses may be used against you in immigration proceedings.
You have the right to a phone call.
Give your immigration number (“A” number) to family or a trusted friend to help them locate you and find a legal representative for you.
You have the right to refuse to sign
documents.
Do not sign anything, such as a voluntary departure or stipulated removal, without talking to a legal representative. If you sign, you could give up your opportunity to try to stay in the United States.
You have the right to legal representation.
The government will not provide you with or pay for a legal representative, but you have the right to hire one. If you don’t have a lawyer, ask for a list of free or low-cost legal services.
• You have the right to legal representation during conversations with immigration.
• You have the right to be visited by a legal representative in detention.
• You have the right to legal representation at any immigration hearings before a judge.
You can contact your consulate.
Upon your request, immigration must either allow you to call your consulate or inform the consulate of your arrest. Your consulate may help you obtain a legal representative or free legal advice.
If you are physically responsible for children’s care, tell immigration.
Immigration must give you the opportunity to find someone to care for your children. Ideally, you have a safety plan in place that your children and their chosen caregiver were aware of before you were detained. If your children are in school, it will be important for the school to have documents you have signed allowing the chosen caregiver to pick them up from school.
You have the right to request to be released on bond.
Many people who are detained while their case is underway may be eligible for release on bond or with other reporting conditions. If you are denied bond by immigration, you have the right to ask for a bond hearing. An immigration judge can order release and/or lower bond. If you cannot afford the bond, you can contact a bond fund.
There are rules about the standards of the conditions of the detention center.
Detention standards vary by type of facilities, but they cover areas like safety, security, access to medical care, food, water, and sanitation, activities (like visitation), the ability to file a complaint, and overall facility administration and management.
• You have the right to be given a copy of the standards for where you are held.
• You have the right to mental and physical health care regardless of gender, sexuality, or sexual identity.
KNOW YOUR RIGHTS IN POLICE CUSTODY/JAIL
All people in the United States, including undocumented immigrants, have Constitutional rights and protections. Neither immigration nor the police will assume you want to exercise your rights. You are in charge of asserting them by showing your Know Your Rights card or by telling the offcer you are exercising your rights.
If you are in police custody or jail with state or local law enforcement (not immigration), you have rights that protect you.
Arrests, charges, and convictions can affect your
immigration status.
We encourage victims of crime to seek help when they need to do so. It is also important to understand that some state, cities, and localities may have policies and laws in place that require them to share information on immigrants they encounter with DHS/ICE. Please seek legal advice if you are unsure of what to do.” However, if you do have contact with the police, it is important to assert your rights and talk to a lawyer. If you have been charged with a crime, your criminal defense lawyer must advise you on whether your charges or any plea offer carry the risk of deportation. It is important that your criminal lawyer consults with an immigration lawyer experienced in criminal-immigration matters and explains the risks to you.
You have the right to a phone call.
Request the opportunity to call a family member or trusted friend to let them know that you have been arrested and find a lawyer to represent you.
You have the right to speak to a lawyer.
If you have a criminal lawyer, you should request to call that person. If you do not have a criminal lawyer and you cannot afford to hire one, you should request a lawyer. The government must appoint a free criminal lawyer. The government will not pay for an immigration lawyer, but you have the right to hire one.
You have the right to remain silent.
Being arrested or detained by the police does not mean you have to answer questions. You should not discuss your immigration information with anyone other than your lawyer. This includes where you were born, how and when you came to the United States, and any criminal history.
• Only provide your identifcation when the law requires you to do so.*
• Do not tell the offcer your country of nationality.
• Do not answer questions.
• Do not sign paperwork.
• Do not carry false documents.
• Do not physically interfere with the search.
You should tell your lawyer about your immigration status and criminal history.
Your lawyer needs this information to be able to make sure they give you correct advice.
You have the right to refuse to sign
documents.
Do not sign anything without talking to a lawyer. If you are being asked to sign something, say, “I will not sign anything until I speak with my lawyer.” Ask questions if you do not understand what you are being asked to sign.
*Talk to a local advocate about whether and when you must produce identifcation. For example, in most states, you must show a driver’s license if you have one and you are pulled over; you also must show your immigration identifcation to an immigration offcer who requests it if you have lawful status and are not a U.S. citizen.
KNOW YOUR RIGHTS IN PUBLIC SPACES
All people in the United States, including undocumented immigrants, have Constitutional rights and protections. Neither immigration nor the police will assume you want to exercise your rights. You are in charge of asserting them by showing your Know Your Rights card or by telling the offcer you are exercising your rights.
If you are in a public space, such as a street or sidewalk, and ICE (immigration offcer) approaches, you have rights that protect you.
You should ask if you are free to leave.
If ICE approaches you in public, you may 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.
You have the right to refuse a search.
You do not have to consent to a search of yourself or your belongings. State clearly that you do not consent. Refusing consent may not stop the offcer. An offcer may pat you down above your clothes if they suspect, for example, you have weapons or drugs in your possession. If the offcer proceeds to pat you down or conduct a full search, stay calm, do not resist the inspection, and keep your hands where the offcer can see them. Stating your objection preserves your rights. Thereafter, the offcer cannot arrest you without a warrant or proof you have committed a crime.
You have the right to remain silent.
You do not have to answer any questions without the presence of your legal representative. (In some states, you may be required to state your name if an offcer asks
you to identify yourself and an offcer may arrest you for refusing to do so.) You can show the offcer your Know Your Rights card or tell the offcer you are exercising your right to remain silent. If you must speak, only say that you would like to speak to your legal representative before answering questions
• Only provide your identifcation when the law requires you to do so.*
• Do not tell the offcer your country of nationality.
• Do not answer questions.
• Do not sign paperwork.
• Do not carry false documents.
• Do not physically interfere with the search.
You have the right to speak to a lawyer.
If the offcer tells you that you cannot walk away, you have been detained. You should ask to speak to a lawyer and then remain silent. You have the right to speak to a legal representative. It is okay if you have not hired a legal representative; you still have the right to consult with one.
*Talk to a local advocate about whether and when you must produce identifcation. For example, in most states, you must show a driver’s license if you have one and you are pulled over; you also must show your immigration identifcation to an immigration offcer who requests it if you have lawful status and are not a U.S. citizen.
KNOW YOUR RIGHTS IN STATE
AND LOCAL COURTHOUSES
All people in the United States, including undocumented immigrants, have Constitutional rights and protections. Neither immigration nor the police will assume you want to exercise your rights. You are in charge of asserting them by showing your Know Your Rights card or by telling the offcer you are exercising your rights.
If you are in a courthouse for a criminal or civil case for which you have been charged with a crime or are involved in a family law matter and ICE (an immigration offcer) approaches, you have rights that protect you. In advance of any hearing where you may be facing criminal charges, be sure to tell your defense attorney your immigration status because your attorney must then consider your criminal defense as well as how any charge, plea, conviction, etc., can imperil your immigration status.
You should ask if you are free to leave.
If ICE approaches you in the courthouse, you may 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. You have been detained. Stay where you are.
You have the right to refuse a search.
You do not have to consent to a search of yourself or your belongings. State clearly that you do not consent. Refusing consent may not stop the offcer. An offcer may pat you down above your clothes if they suspect, for example, that you have weapons or drugs in your possession. If the offcer proceeds to pat you down or conduct a full search, stay calm, do not resist the inspection, and keep your hands where the offcer can see them. Stating your objection preserves your rights. Thereafter, the offcer cannot arrest you without a warrant or proof you have committed a crime.
You have the right to speak to a lawyer.
You should ask to speak to a lawyer and then remain silent. You have the right to speak one. It is okay if you have not hired a legal representative; you still have the right to consult with one.
You have the right to remain silent.
You do not have to answer any questions without the presence of your legal representative. (In some states, you may be required to state your name if an offcer asks you to identify yourself and an offcer may arrest you for refusing to do so.) You can show the offcer your Know Your Rights card or tell them you are exercising your right to remain silent. If you must speak, only say that you would like to speak to your legal representative before answering questions.
You have the right to refuse to sign documents.
Do not sign anything without talking to a lawyer. If you are being asked to sign something, say, “I will not sign anything until I speak with my lawyer.” Ask questions if you do not understand what you are being asked to sign.
You have the right to attend your hearing.
If you are detained before you can attend the hearing that brought you to the courthouse, tell the ICE offcer that you want to exercise your right to be present at your hearing. If the hearing is a criminal hearing against you, you have a Sixth Amendment right to attend. If you are allowed to attend your hearing, be sure to tell the judge that ICE is detaining you and you want to exercise your right to be present at future hearings in your case.
Additional Information
ICE Directive on Enforcement Actions in or Near Courthouses
(Jan. 21, 2025)
This guidance states that ICE offcers or agents:
• “May conduct civil immigration enforcement actions in or near courthouses” when they believe the targeted migrant(s) is or will be at the courthouse as long as “such action is not precluded by laws imposed by the jurisdiction in which the civil immigration enforcement action will take place.”
• Should, when practicable, conduct enforcement discreetly and minimize impact to court proceedings.
• Should conduct enforcement in collaboration with court security staff and utilize the court building’s nonpublic entrances and exits.
Best Practices in States and Localities
Courts have a unique Constitutional responsibility to protect due process and access to justice on behalf of the entire public. That mission is jeopardized when victims, witnesses and defendants are afraid to come to the courthouse to testify and participate in ongoing cases, fearing civil arrest and deportation. That jeopardy affects the fairness of trials and other court proceedings for citizens and non-citizens alike.
Franklin County Court of Common Pleas, Ohio (March 3, 2025)
• Some states and localities are protecting immigrants in their state courthouses through a variety of methods.
• Ohio’s Franklin County Court of Common Pleas passed a rule requiring that civil arrests are banned if there is not a judicial warrant. Arrests are prohibited within courtrooms unless they have written approval from a Franklin County judge.
• In December 2024, the California Attorney General issued guidance titled “Securing Equal Access to Justice for All: Guidance and Model Policies to Assist California’s Superior Courts in Responding to Immigration Issues.”
• Oregon passed HB 3265 in 2021 protecting individuals from an arrest in one of Oregon’s state and local courts simply based on an administrative warrant. It also protects the travel to and from the court.
• On March 18, 2020, Washington Gov. Inslee signed SHB 2567, the “Court Open to All” bill into law.
• On Dec. 12, 2020, New York signed into law the Protect Our Courts Act (NY Civil Rights Law § 28) stating that immigrants are privileged from civil arrest “while going to, remaining at, and returning from, the place of such court proceeding, unless such civil arrest is supported by a judicial warrant or judicial order authorizing such civil arrest.”
Immigration Defense Project put together talking points on the Protect Our Courts Act (POCA). The Justice Department fled a lawsuit on June 12, 2025, against the State of New York regarding POCA.
KNOW YOUR RIGHTS IN YOUR CAR
All people in the United States, including undocumented immigrants, have Constitutional rights and protections. Neither immigration nor the police will assume you want to exercise your rights. You are in charge of asserting them by showing your Know Your Rights card or by telling the offcer you are exercising your rights.
If you are pulled over while in a car, you have rights that protect you.
Stop the car as soon as safely possible. After stopping, turn off the car, turn on the internal light, open the window part way, and place your hands on the wheel.
There must be a reason to stop you.
If a police offcer stops you, they must have reasonable suspicion that someone in the car committed a local or state violation or crime. If an immigration offcer stops you, they must have reasonable suspicion that someone in the car committed an immigration violation or federal crime. You can ask:
• Am I free to leave?
• Are you the police/immigration?
• Why did you stop me?
If you are driving, upon request, provide your driver’s license, registration, and proof of insurance, if you have it.
If you do not have these documents, you can tell the offcer you do not have them or that you are exercising your right to remain silent. In some states, if you are driving without a license, this is an arrestable offense, so failure to provide a driver’s license could result in arrest. The offcer may ask for other identifcation, and you may refuse to provide it.*
Passengers do not have to provide identification.
Generally, if an offcer asks a passenger for identifcation, they do not have to provide it.*
Generally, you do not have to provide other identification.
If you are stopped by state or local police, you may choose to provide proof of lawful immigration status, if you have such proof. If you are stopped by an immigration offcer, you must provide proof of lawful status if you have status and are not a U.S. citizen. If you do not have lawful status, you should not provide foreign identifcation.
If the officer says they have a warrant, ask for identification and review the warrant.
Search warrant: Offcers can search your car if (1) you give consent, (2) they have a search warrant that specifes the exact car to be searched and the warrant is signed by a judge (not an immigration offcer), or (3) they believe your car contains evidence of a crime.
Arrest warrant: If an ICE offcer has an arrest warrant, they can arrest the person named on the warrant. An arrest warrant does not give ICE permission to search your car.
You have the right to remain silent.
You can exercise your right to remain silent by showing your Know Your Rights card or telling the offcer you are exercising your right to remain silent. If you must speak, say you would like to speak to a lawyer before answering questions.
• Only provide your identifcation when the law requires you to do so.*
• Do not tell the offcer your country of nationality.
• Do not answer questions.
• Do not sign paperwork.
• Do not carry false documents.
• Do not physically interfere with the search.
*Talk to a local advocate about whether and when you must produce identifcation. For example, in most states, you must show a driver’s license if you have one and you are pulled over; you also must show your immigration identifcation to an immigration offcer who requests it if you have lawful status and are not a U.S. citizen.
KNOW YOUR RIGHTS IN YOUR HOME
All people in the United States, including undocumented immigrants, have Constitutional rights and protections. Neither immigration nor the police will assume you want to exercise your rights. You are in charge of asserting them by showing your Know Your Rights card or by telling the offcer you are exercising your rights.
If you are home and ICE (immigration offcer) knocks on your door, you have rights that protect you.
You do not have to open the door.
If ICE comes to your door, generally there are only two ways in which they can lawfully enter your home:
1. With your permission or the permission of someone in your home: or
2. With a warrant issued by a judge.
You should not invite the officer into your home.
If ICE tells you they are there to arrest someone or search the home, do not open the door or invite them into your home. Opening the door may give them permission to enter. It is important to also tell this to others in your home, including children. If your child opens the door, that may give ICE permission to enter the home.
If the ICE officer says they have a warrant, ask for their identification and review the warrant. It must be issued by a judge and not just the agency.
ICE cannot enter your home without a valid search warrant. Talk with the offcers through the door and ask them to show you their identifcation and the warrant. Review the warrant to determine if it is valid:
The warrant must be a judicial warrant
There are judicial warrants and administrative warrants. ICE cannot enter your home with an administrative warrant. They must have either a search warrant or an arrest warrant signed by a judge or magistrate.
The warrant must have the correct address.
If the address on the warrant is incorrect, ICE cannot search your home, unless you grant them permission.
The warrant must have a judge’s signature.
To be valid, search warrants must be signed by a judge. If an immigration offcer signs the warrant, it is not a valid search warrant. Without a warrant signed by a judge, ICE cannot search your home, unless you grant them permission.
You have the right to remain silent.
If ICE has a valid warrant and enters your home, you can choose to remain silent. If you must speak, tell the agent that you would like to speak to a lawyer before answering questions.
• Only provide your identifcation when the law requires you to do so.*
• Do not tell the offcer your country of nationality.
• Do not answer questions.
• Do not sign paperwork.
• Do not carry false documents.
• Do not physically interfere with the search.
*Talk to a local advocate about whether and when you must produce identifcation. For example, in most states, you must show a driver’s license if you have one and you are pulled over; you also must show your immigration identifcation to an immigration offcer who requests it if you have lawful status and are not a U.S. citizen.
