You have the right to remain silent. You may refuse to speak to immigration officers.
- Don’t answer any questions. You may also say that you want to remain silent.
- Don’t say anything about where you were born or how you entered the U.S.
Carry a know-your-rights card (“red card”) and show it if an immigration officer stops you.
- The card explains that you will remain silent and that you wish to speak with an attorney.
- Red cards are available at the USP Resource Center, the East Bay Community Law Center office, and printable versions are available online here.
Do not open your door.
- To be allowed to enter your home, ICE must have a warrant signed by a judge. A warrant that is signed by ICE but not by a judge does not grant an ICE officer authority to enter your home without your consent. To be valid, the warrant must have your correct name and address on it.
- Do not open your door unless an ICE agent shows you a warrant as described above. (They almost never have one). If an ICE agent wants to show you a warrant, they can hold it against a window or slide it under the door.
- You do not need to open the door to talk with an ICE agent. Once you open the door, it is much harder to refuse to answer questions.
You have the right to speak to a lawyer.
- You can simply say, “I need to speak to my attorney.”
- You may have your lawyer with you if ICE or other law enforcement questions you.
- You have the right to refuse to show any documents before speaking with a lawyer.
Before you sign anything, talk to a lawyer.
- ICE may try to get you to sign away your right to see a lawyer or a judge. That could eliminate your right to speak with a lawyer or have a hearing in front of an immigration judge. This may result in you being deported immediately without a hearing.
- Be sure you understand what a document actually says before signing it. Do not rely on ICE’s explanation of what the document says.
If you are worried ICE will arrest you, let the officer know if you have U.S. citizen or legal permanent resident children.
- If you are the parent or primary caregiver of a U.S. citizen or permanent resident who is under age 18, ICE may “exercise discretion” and let you go.
ICE and other law enforcement officers may think they can get away with violating your rights.
- Sometimes ICE officers lie to people to get them to open their doors or sign away their rights. If ICE detains you or you are concerned that they will conduct raids in your area, initiate your safety plan.
Report and document raids and arrests.
- If it is possible and safe for you to do so, take photos and videos of the raid or arrest. Also take notes on what happened.
- Call United We Dream’s hotline to report a raid: 1-844-363-1423.
- Send text messages to 877877.
- In Alameda County, if you see ICE in action, suspect ICE activity in progress, or if you are detained or someone you know is detained by ICE, call ACILEP for rapid response and immigration legal services (510) 241-4011.