Know Your Rights – Rural Migrant Ministry

The question frequently comes up about what people’s rights are — both for immigrants, and for allies. The answers to these questions are convoluted because the environment keeps changing due to constant change in regulations, policies, and interpretations of these policies, as well as executive orders issued by the presidential administration and local law enforcement. At the core, there are basic legal rights, and at an even deeper level, basic human rights.

Nonetheless, the environment is tragically changing, and beyond basic rights is the need to create plans in the event something does happen. At the bottom of this section are some thoughts about this.

Basic information about your rights

Below is basic information about your rights taken from the American Civil Liberties Union and the National Immigration Law Center. This is not meant to be taken as legal advice.

What to Do if You Are Questioned, Arrested or Detained by Immigration and Other Law Enforcement: www.nilc.org/wp-content/uploads/2023/03/2025.01.14-KYR-What-To-Do-If-Arrested-ENGLISH-Final-JAN.pdf
Know your rights: Stopped by Police: www.aclu.org/know-your-rights/what-do-if-youre-stopped-police-immigration-agents-or-fbi
What To Do If You’re Stopped By The Police: www.nyclu.org/uploads/2017/02/kyroverhaul-nyclu-stoppedbypolice-onepager-v01.pdf

If you are stopped by police on foot

You have a right to remain silent. If you wish to remain silent, tell the officer. In New York, you do not have to carry or produce ID unless and until you are placed under arrest. The police officer must have reasonable suspicion to do so.
Stay calm. Don’t run. Don’t argue, resist, or obstruct the police. Keep your hands where the police can see them.
Ask if you are free to leave. If yes, calmly and silently walk away.
You do not have to consent to a search of yourself or your belongings without a warrant.

If you are stopped by the police in your car

Stop the car in a safe place as quickly as possible. Turn off the car, turn on the interior light, open the window part way, and place your hands on the wheel.
Upon request, show the police your driver’s license, vehicle registration, and proof of insurance.
If a police officer asks to search your car, you can refuse. But if the police believe your car contains evidence of a crime, they can search it without your consent.
Passengers and drivers have the right to remain silent. If you’re a passenger, ask if you are free to leave. If yes, silently leave.

If you are arrested by police

Do not resist.
Say you wish to have a lawyer. If you can’t afford a lawyer, you have the right to a free one. (This is in the case of a criminal charge. You must provide your own immigration lawyer.)
Don’t say anything, don’t sign anything, or make any decisions without a lawyer.
You have the right to make a local phone call. The police cannot listen if you call a lawyer.
Don’t discuss your immigration status with anyone but your lawyer.
An immigration officer might visit you in jail. Do not answer questions or sign anything before talking to a lawyer.
You have the right to remain silent. You may refuse to speak to immigration officers.
Read all papers fully. If you don’t understand or cannot read the papers, say you need an interpreter.

If you are stopped by Border Patrol while in a vehicle

Border Patrol has extra authority within a 100-mile zone from any border. However, immigration officers cannot pull over anyone without “reasonable suspicion” that the driver or a passenger has committed an immigration violation or federal crime. (Reasonable suspicion is more than just a “hunch.”) Similarly, Border Patrol cannot search vehicles in the 100-mile zone from the border without a warrant or “probable cause” (a reasonable belief, based on the circumstances, that an immigration violation or crime has likely occurred).
If you unexpectedly drive into an immigration checkpoint on the road, do not try to turn around and evade it. At the checkpoint, the officer can ask the driver and passengers about their immigration status without needing reasonable suspicion that they are in the United States illegally. They do need reasonable suspicion to hold you for further questioning.
You have the right to remain silent. You may refuse to speak to immigration officers. Do not say or do anything that would give the officer “reasonable suspicion” that you have committed an immigration violation or “probable cause” to arrest you. Don’t say anything about where you were born or how you entered the United States.

More: Your Rights in the Border Zone: www.aclu.org/news/immigrants-rights/your-rights-border-zone

If ICE comes to your home (or any private space you are in)

Your first reaction should be not to allow anyone into your home. Do not allow ICE officers into your home unless you see that they have a warrant signed by a judge. The judicial warrant must state your name, correct address, and must command the officer to: execute the warrant within a specified time, no longer than 14 days. This is different from an ICE warrant, which is only signed by an ICE supervisor. An ICE warrant does not allow the officer to enter your home. www.nilc.org/wp-content/uploads/2025/01/2025-Subpoenas-Warrants_.pdf
If an ICE agent wants to show you a judge-signed warrant, they can hold it against a window or slide it under the door. To be valid, the warrant must have the correct name and address of the person sought on it.
Even if officers have a warrant, you may remain silent. If you choose to speak, step outside and close the door.
Officers can only search areas and for the items listed on the warrant. A judge-signed arrest warrant allows officers to enter the home of the person listed on the warrant if they believe the person is inside. A Warrant of Removal/Deportation (ICE warrant) does not allow the officers to enter the home without consent.

More: What to Do if You’re Stopped by Immigration Officers: www.nyclu.org/resources/know-your-rights/what-do-if-youre-stopped-immigration-officers

If ICE comes to your workplace (or any public space you are in)

If there is a private space within the building or otherwise nearby, calmly retreat to that space. There, you will have rights similar to those you have in your own home. (See above.)
If there is no accessible private space, calmly attempt to leave the building or area.
If you are stopped and questioned by ICE agents, do not volunteer any information about yourself or your immigration status. Ask if you are free to leave. If questioning persists, tell the officer you choose to remain silent.
If you are detained or arrested, continue to remain silent and request that you be allowed to speak with a lawyer.

More: Know Your Rights: If ICE Comes to Your Work Place: www.pennstatelaw.psu.edu/sites/default/files/documents/pdfs/Immigrants/Work_Customize.pdf

If you are asked about your immigration status (no matter where you are)

The only place you have to answer this question is at the border or at an airport.
Otherwise, you have the right to remain silent. You do not have to answer questions about where you were born, whether you’re a U.S. citizen, or how you entered the country.
Never lie. Do not falsely claim to be a U.S. citizen or to be lawfully in the United States if you are not.

More: Know your rights: www.aclu.org/know-your-rights/immigrants-rights#law-enforcement-asks-about-my-immigration-status

If you are asked to show documents proving your immigration status (no matter where you are)

If you are not a U.S. citizen, and an immigration agent requests proof of your immigration status, you should show documents evidencing your legal immigration status (e.g., green card, work permit card, I-94 entry/exit record) if you have it. If you are over 18, you must have that documentation available to present at all times. If you do not have legal immigration status (and therefore no documents), say you want to remain silent. Don’t say anything about your immigration status. If the officer has probable cause to believe you are in the country illegally, you will likely be arrested. Still, do not say anything except that you need to speak with a lawyer first.
Do not provide fake documents.

More: What to Do if You’re Stopped by Immigration Officers: www.nyclu.org/resources/know-your-rights/what-do-if-youre-stopped-immigration-officers

Additional advice

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. Be sure you understand what a document actually says before you sign it.
Do not carry papers from another country with you, such as a foreign passport. Such papers could be used against you in the deportation process.
If you are worried ICE will arrest you, let the officer know if you have children or are the principal caregiver for someone who is elderly or disabled. If you are the parent or primary caregiver of a U.S. citizen or permanent resident who is under age 18, ICE may let you go to wait for your deportation hearings. Don’t count on that, though.
Carry a know-your-rights card. You can 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.

Legal Support

It’s important that immigrants have access to lawyers to protect their rights if arrested by immigration authorities. Unfortunately, there is no constitutional right to counsel in immigration proceedings as there is in criminal proceedings. Hiring an attorney in private practice will be expensive. There are nonprofit organizations dedicated to helping immigrants throughout New York State, but they are frequently overwhelmed, and some of them do not take on cases that are in immigration court. It may be necessary to call several organizations before you can find one available to take a case for free. Some places to find help include:

For immigration attorneys in private practice, the American Immigration Lawyers Association’s online directory at www.ailalawyer.com, and the National Immigration Project of the National Lawyers Guild’s attorney search site, at www.nipnlg.org/work/find-attorney.
The list of low-cost and no-cost legal service providers given by the immigration courts to all persons in deportation proceedings, at www.justice.gov/eoir/list-pro-bono-legal-service-providers-map.
Justicia Lab’s Immigration Law Help website, at www.immigrationlawhelp.org.
iMMi’s directory of nonprofit organizations providing help to immigrants, at www.immi.org/en/Info/get-legal-help.
Local nonprofits well-known in your community, such as Catholic Charities or the Legal Aid Society. If one of these organizations cannot take your case, they will be able to refer you to another local organization who might be able to help.

Emergency Plans

Anyone subject to immigration detention and deportation — which includes anyone who is not a U.S. citizen, but especially those who are in the United States illegally — should be planning what to do in the event they are detained and/or deported. This is particularly important for those who are the primary caregivers for children or other dependents. If someone is taken into ICE custody, there is no guarantee they will be able to return home.

Special note for those who recently entered the country without documents:

Certain people, most notably those who entered the United States illegally (without being officially admitted at the border with legitimate documentation), are subject to what is called “expedited removal.” This means that unless they can prove they have been in the United States for at least two years, or unless they can show a credible fear of persecution if returned to their home country for reasons that would make them eligible for asylum, a DHS officer can have them deported as soon as possible, without the opportunity to have their case heard in immigration court. Therefore, for any person who has no documentation of legal immigration status, it is important to have readily accessible proof of living in the United States covering the most recent two years. If no such proof exists and the person is arrested by immigration authorities, the advice to remain silent has an important exception. The person, if they fear returning to their home country, must express this fear to the arresting officer. The person should be prepared to articulate (1) what type of harm they fear; (2) who they fear will inflict the harm (must be a government actor or someone the government cannot control); and (3) the reasons harm would be inflicted (must be on account of race, religion, nationality, political opinion, or membership in a particular social group).

If you are vulnerable to ICE detention and you are concerned about what will happen to your assets or your family, here are some steps you need to take:

Memorize the phone number of a friend, family member, or attorney you can call if you are arrested.

Keep important documents about yourself, such as birth certificates and immigration documents, in a safe place where a friend or family member can access them if necessary.

If you’re working, designate someone to pick up your final paycheck.

If you take care of children or other people, make a plan for their care if you are detained.

Determine the person or persons you trust to care for your child and make decisions for them.
Put together a document containing important facts and information someone would need to know about your child, such as medical history, Social Security number, insurance information, etc.
Sign a Designation of Person in Parental Relationship form. This will allow a trusted adult of your choice to make certain educational and health care decisions for your child for up to one year.
For longer-term or more permanent custody arrangements, consult with an attorney to develop documents that would give a trusted person broader authority to care for your child.
Sign a document giving a trusted person permission to travel with your child. This is important if your child has to travel outside the United States to meet you, so that authorities do not believe the child is being abducted. If your child does not have a passport, apply for one.

More: Family Preparedness Plan Document: www.ilrc.org/sites/default/files/resources/family_preparedness_plan.pdf

Make sure your loved ones know how to find you if you are detained by ICE. They can use ICE’s online detainee locator to find an adult who is in immigration custody: www.locator.ice.gov/odls/homePage.do or they can call the local ICE office: www.ice.gov/contact/ero

Make sure they have your Alien Registration Number written down, if you have one. An alien registration number is the number that identities the foreign national. This number appears on all case-related documents.
If not, they will need your country of origin, full legal name, and birthdate.
To get information on your immigration court case status, they can call the Executive Office for Immigration Review (EOIR) hotline number at 1-800-898-7180 (toll-free), 24 hours a day, 7 days a week. They will need your Alien Registration Number.