Know your rights - Protect yourself and your loved ones
Immigration officers and ICE agents can come to your home, workplace, and other locations. It is essential for you to know your rights and prepare yourself and your loved ones with an emergency plan.
Encounters with law enforcement in public spaces
Know your rights
During an encounter, stay calm and do not run. Running can be interpreted as guilt and is not recommended. Remain silent. You have the right not to answer any questions. You do not have to answer questions about your immigration or citizenship status. You can say, “I choose to remain silent,” or “I don’t answer questions,” or “I want to speak to a lawyer”. Do not lie to officials, and do not show false documents. Don’t sign anything you don’t understand, especially if you haven’t spoken to a lawyer. Do not readily believe an interpretation of the document if it isn’t your lawyer advising you. You have the right to refuse a search. You can say “no” or “I don’t consent to searches” if an officer asks to search you or your belongings. They need probable cause or your consent.
If you are detained, ask if you are being detained. If the answer is yes, you are not free to leave, and you can say “I will remain silent.” If you continue to be detained or are arrested, you can say, “I want to speak to a lawyer.” You have the right to have an attorney present before answering questions.
Do not answer any questions beyond identifying yourself, and do not sign anything. If you are not a U.S. citizen, you have the right to contact the consulate of your home country.
You have the right to a lawyer. Even if you cannot afford one, you have the right to speak to a lawyer if you are being charged with a crime. If you are in immigration proceedings, you have the right to an attorney, but not an attorney provided by the state.
Consider printing “Know Your Rights” cards. These can be shown to officers and include key phrases to assert your rights. Have contact information ready. Memorize the numbers for a lawyer, a trusted organization, or your consulate.
These rights are afforded to EVERYONE present in the United States, regardless of their immigration status. While agents may trample on your rights, it’s important that you know them and make a mental note of any violations of them.
Encounters with law enforcement in your home
Know your rights
Do not open the door. If you open the door, even just a bit, it could result in the official claiming that you gave “consent” to enter. Ask to see a signed judicial warrant. Ask the officer to slip the warrant underneath the door or to show it through the window. The warrant must be signed by a judge, giving the officer permission to enter your home; If signed by anyone else, including an ICE official or agent, it is not a signed judicial warrant.
You don’t have to come outside when asked to do so. The agents might try to persuade you to step outside. You can ask them to leave their contact information. You can remain silent and call a lawyer. You or your relatives are not obligated to reveal the whereabouts of anyone.
You are only required to open the door if the agents have a valid, signed judicial search warrant. The warrant should have correct information, a valid date, and be signed by a judge! Remain calm (do not yell, fight, or try to run) and remain silent. Anything you say or do can be used against you. Do not answer any questions and ask to speak with an attorney. Under the Fifth Amendment of the U.S. Constitution, you have the right to remain silent and not to incriminate yourself. Do not sign anything that ICE gives to you without an attorney reviewing it. If you need to, ask to have documents translated.
These rights are afforded to EVERYONE present in the United States, regardless of their immigration status. While agents may trample on your rights, it’s important that you know them and make a mental note of any violations of them.
Rights in Florida hospitals
Know your rights
Recent Florida law requires many hospitals and emergency rooms to ask about your immigration status; you’re NOT required to answer this question – you can simply decline to answer. Hospitals and ERs should NOT report your personal information to immigration authorities.
Everyone has the right to seek emergency care, regardless of immigration status. You do not need to share any information about your immigration status, unless you apply for Medicaid, Emergency Medicaid, or other health coverage for yourself. These rights are afforded to EVERYONE present in the United States, regardless of their immigration status. While agents may trample on your rights, it’s important that you know them and make a mental note of any violations of them.
At public schools
Know your rights
All children who are immigrants have the right to a K-12 free public education equal to what’s provided to U.S. citizen children.
Schools cannot discriminate based on race, sex, language, color, national origin, religion, or disability.
Undocumented children cannot be denied equal access to academic activities and opportunities. This includes academic courses, field trips, extracurricular activities, school technology, and health services.
You do not have to prove your family’s immigration status to enroll in school.
If your children have limited English proficiency, the school must provide language instruction.
Educators and administrators must make necessary academic and medical accommodations and respond to harassment and bullying.
As an adult, you can enroll in English as a Second Language (ESL) classes to help improve your English language skills. Access to these classes may vary based on availability, funding, and specific program requirements.
These rights are afforded to EVERYONE present in the United States, regardless of their immigration status. While agents may trample on your rights, it’s important that you know them and make a mental note of any violations of them.
Encounters with law enforcement on the road
Know your rights
Only the driver must provide a license, vehicle registration, and insurance. If they ask for anything else, you can decline. The police do not have the right to search your vehicle without the driver’s consent, a warrant, or under the following circumstances:
Probable cause to believe the car contains evidence of a crime
An individual in the car is already being arrested, and a search of the car is performed as “incident to the arrest”.
The officer believes searching the car is necessary for officer safety.
The police may ask to search your vehicle, but you do not need to consent to it. Make sure to say “I do not consent to searches”.
Ask if you are free to leave.
If the agent says “yes”, safely drive away.
If the agent says “no”, ask to speak to an attorney.
Border Patrol can pull you over only if they have reasonable suspicion that a crime or immigration violation has occurred. This means an agent needs a specific, articulable reason based on observable facts, not just a hunch. They may ask questions about your immigration status, but you do not need to answer. You can say, “I don’t answer questions.”
They should not use race or ethnicity as a reason to stop you, so if you believe this is happening, make sure you document it.
Border Patrol checkpoints may exist within 100 miles of any U.S. border, including airports. Note that Florida shores are part of the U.S. border, and the Border Patrol can act anywhere in the state.
These rights are afforded to EVERYONE present in the United States, regardless of their immigration status. While agents may trample on your rights, it’s important that you know them and make a mental note of any violations of them.
Asset planning
Know your rights
Immigration status does not affect asset ownership: regardless of your immigration status or location, any property you own in the U.S. legally belongs to you. You retain ownership of your home, bank accounts, and other assets. Maintain a private list of all your possessions, bank accounts, and properties both inside and outside the U.S. to ensure they are properly accounted for. You may decide to grant a loved one the power to access your finances and make financial decisions if you are detained. There is a special power of attorney form for financial matters. This legal document allows a loved one to do things like access your bank account, pick up your paycheck, pay bills, and use your money to pay bond. Do not overlook the importance of planning and leaving all legal powers to the correct parties in case of detention or deportation.
Planning for your kids
Know your rights
Develop an emergency plan with your family and run through different scenarios with your children, teaching them what they should do in the event of your arrest or detention.
You and your children should always carry a physical card or paper with your loved ones and your lawyer’s phone number with you so you can contact them if needed.
Parents should prepare a childcare plan in case they are detained. Choose a trusted caretaker who knows your child’s school, medical needs, doctors, medications, and emergency contacts. Keep important documents, like birth certificates, medical and school records, and caretaker agreements in a safe, accessible place, and let your chosen caretaker and/or an older child know where they are kept. Consult a lawyer about granting your caretaker legal authority through a special power of attorney, which can be temporary and reversible, or a legal guardianship agreement, which is court-based and harder to change.
If authorities come to your place of worship, or community space
Know your rights
Anyone, including ICE agents, can enter spaces open to the public, but they must obtain consent or have a valid JUDICIAL warrant in order to enter PRIVATE spaces.
For example, ICE can enter a church’s vestibule, but CANNOT search a storage room or a private office without consent or a Judicial Warrant giving them the power to do so.
Stay calm and do not run. Remind your peers to do the same.
You are not required to consent to searches, and you can say aloud: “I do not consent to searches.”
Ask if you are free to leave – if the agents say no, you can say: “I want to remain silent and want to speak with my lawyer.”
You are not required to answer questions about parishioners, co-workers, or peers. Simply state, “I do not answer questions.”
Encourage your faith leader and those who are in charge to assign a spokesperson to speak with agents. You can direct agents to the assigned spokesperson.
Congregations should educate employees, members, and leaders about their rights, adopt clear policies or resolutions to prevent unauthorized entry, and host workshops to prepare for possible encounters.
These rights are afforded to EVERYONE present in the United States, regardless of their immigration status. While agents may trample on your rights, it’s important that you know them and make a mental note of any violations to them.
What to do if you are detained
Know your rights
Agents may try to intimidate you or trick you into signing documents. DO NOT let yourself be tricked. You may be signing away your right to a hearing before an immigration judge!
Ask to talk to an immigration lawyer and only sign documents after receiving appropriate counsel. Always carry a physical card or paper with your lawyer’s phone number with you so you can contact them if needed.
If you or a loved one can, find out who arrested you (Police Department, FBI, ICE), write down the agent’s identification number, and license plate number.
Contact your attorney and your consulate as soon as possible.
These rights are afforded to EVERYONE present in the United States, regardless of their immigration status. While agents may trample on your rights, it’s important that you know them and make a mental note of any violations of them.
Right to organize to create our own systems of safety
Know your rights
A strong community is essential to our safety.
Now more than ever, it is important to talk to your friends, family, loved ones, and neighbors about how to protect and look out for one another through sharing our stories, challenges, knowledge, and resources.
We keep us safe.
1. Talk to your friends and family about our constitutional rights
2. Connect with local organizations that advocate for stronger communities
3. Make a family preparedness plan in case you are at risk of being separated from your family, and share this practice with your loved ones
4. Create circles of protection that are activated when someone you know has been detained
5. Create and/or connect to mutual aid groups for cash assistance, food pantries, etc.
6. Create a safe and secure chat with your loved ones, reporting raids, or identifying support needs.
Encounters with law enforcement at the workplace
Know your rights
Employers and workers have specific rights and responsibilities during immigration enforcement actions at worksites:
- Entry limits without a warrant or consent: ICE can only enter areas open to the public (like lobbies or parking lots) without a judicial warrant or consent. They cannot access private spaces without consent/permission or a judicial warrant signed by a judge. Administrative or immigration warrants do not grant entry.
- Workers have the right to remain silent and do not have to answer ICE questions. They should not lie.
- Workplaces should have a prepared plan for ICE visits, designating a trained staff member or attorney to handle agents. Staff should be trained to recognize warrant types and direct ICE to the appropriate waiting areas.
- Keep only legally required employee information. Avoid storing immigration status details (like DACA, TPS, or parole information), as this can’t be requested if it doesn’t exist.
- Share Know Your Rights materials with employees through pamphlets, sessions, or “red cards” so they know how to respond calmly and safely if approached by immigration enforcement.
These rights are afforded to EVERYONE present in the United States, regardless of their immigration status. While agents may trample on your rights, it’s important that you know them and make a mental note of any violations of them.
Workers’ rights
Know your rights
All workers, regardless of immigration status, are generally protected under federal labor laws:
- You have the right to the federal minimum wage.
- You have the right to overtime pay after 40 hours per week, regardless of your immigration status, unless you are in an exempted category.
- You have the right to safe working conditions free from hazardous conditions and discrimination.
- You have the right to form a union for better working conditions and wages.
- You have the right to file a complaint with the US Department of Labor if your rights have been violated.
- If your employer violates your rights, they can face penalties and fines.
Your employer is violating the law if they:
- Force you to work off the clock.
- Refuse to pay overtime.
- Shave hours from your time cards.
- Refuse to pay for work performed.
These rights are afforded to EVERYONE present in the United States, regardless of their immigration status. While agents may trample on your rights, it’s important that you know them and make a mental note of any violations of them.
Ready to create your own family preparedness plan?
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Call or text our hotline for more information.
Download your "Know Your Rights" cards
Important
Know the difference between Judicial vs Administrative warrant. It is very rare that ICE would be able to obtain a valid judicial warrant. ICE agents sometimes present a document that says "warrant" on it, but is not a judicial warrant. Warrants must have an effective date and your correct name and address.
Judicial Warrant
Judicial Warrant
