Know your rights.

Remaining Silent & Identification

No matter your citizenship or immigration status, you have the right to remain silent, even if an officer has a warrant.

If you choose to exercise your right, you must state so clearly out loud. In certain states, you might be required to provide your name if you are asked to identify yourself. You also have the option to request that you will only answer questions in the presence of an attorney.

When Driving

Both drivers and passengers possess the right to remain silent. You are not obligated to answer questions from a government official unless you are stopped for specific traffic, parking, or pedestrian offenses, in which case you must provide your name and address upon request. There are additional considerations worth keeping in mind if you are not a citizen.

Identification

No federal statute requires you to identify yourself to federal agents. Additionally, immigration officers lack the authority to enforce state criminal laws, such as “stop and identify” mandates.

While ICE is authorized to arrest individuals for not carrying immigration registration documents, such an arrest requires probable cause. This means agents must possess specific facts regarding a person’s nationality and current immigration status before taking them into custody.

Individuals over 18 should carry their official papers at all times. If you lack these documents during an encounter, inform the officer that you wish to remain silent or that you intend to consult with an attorney before answering any further questions.

The requirement to provide documentation depends entirely on your legal status: U.S. citizens are not required to carry proof of citizenship while inside the country. However, immigrants over 18 with valid documentation are legally required to carry those papers and should present them if requested by an agent. If you do not have documents, you may decline the agent’s request, though be aware this may lead to further questioning.

Traffic Stop

During a traffic stop, you are required to provide your license, registration, and insurance, yet you may decline to answer questions regarding your immigration status. While federal law differs, certain states require you to provide your name if an officer stops you and demands identification.

Immigration Status

You are not required to disclose your birthplace, citizenship, or entry method. However, never provide false documents or lie about your name or citizenship status.

You maintain the right to remain silent, but note that invoking this right or not providing documentation may lead to a longer detention while officers verify your status. During a traffic stop, you may decline to answer questions regarding your immigration status.

Non-citizens may be legally required to carry specific immigration documents relevant to their status. You must present these papers if a government official specifically requests your immigration documentation.

Entering or Leaving the US

Customs officers may inquire about your immigration status during entry or exit. Lawful permanent residents (LPRs) who have maintained their status are only required to answer questions establishing identity and residency; while refusing other questions may cause delays, it is not a legal basis for denying entry. Conversely, non-citizen visa holders may be refused entry into the U.S. if they decline to answer an officer’s questions.

Detainment and Arrest

Law enforcement cannot lawfully detain you without reasonable suspicion of criminal activity. Regardless of your citizenship or immigration status, you maintain the right to an attorney if you are arrested.

While detained, you have the right to hire an attorney, though the government is not required to provide one. You may request a list of free or low-cost legal alternatives, call your family or a lawyer, and receive legal visits. Additionally, you have the right to legal representation during immigration hearings and the right to contact your consulate or have officials notify them of your detention.

Arrest

Immigration officers require probable cause to make an arrest, meaning they must possess specific facts suggesting you have violated federal or immigration law.

Any arrest or extended detention by Border Patrol necessitates probable cause, and you may ask agents to state their basis for it. During such encounters, both drivers and passengers maintain the right to remain silent and decline questions regarding their immigration status.

If an immigration agent visits you while in jail, do not sign documents or answer questions without first consulting an attorney. Ensure you read all papers thoroughly; if you cannot understand or read them, inform the officer that you require an interpreter.

Should you be denied release following an arrest for an immigration violation, request a bond hearing before an immigration judge. In many instances, a judge has the authority to lower your bond or order your release from custody.

Searches

You have the right to refuse an immigration agent’s request to search you. Agents may not search your person or belongings without your consent or probable cause.

You are not required to consent to a search of your person or belongings, though officers may perform a pat-down of your clothing if they suspect you are carrying a weapon.

If an officer or agent asks to search your vehicle, you have the right to refuse. however, if law enforcement has probable cause to believe your car contains evidence of a crime, they may search it without your consent.

Your Phone

Unless you are under arrest, law enforcement needs a warrant to seize your device or view its contents without your consent. If you are arrested, officers may seize your phone, but a warrant is still required to search its data. Additionally, the government is strictly prohibited from deleting your photographs or videos under any circumstances.

Your Car

If an official asks to search your vehicle, you may refuse by stating, “I do not consent to a search.” However, if the official has a valid safety reason or reasonable belief that your car contains evidence of a crime, they may proceed without your consent.

At the Border

At international border crossings, federal authorities do not require a warrant or suspicion of wrongdoing to perform “routine searches.” This allows agents to search vehicles and luggage without providing a specific justification.

Roving Border Patrol units operating within the U.S. interior must have reasonable suspicion of an immigration violation or federal crime to pull over motorists.

You have the right to refuse a search of your person or belongings, though you should not physically obstruct the agents. Even if an official claims lawful authority to proceed, state clearly: “I do not consent to a search.”

Checkpoints

At immigration checkpoints, agents may stop you and ask brief questions to verify your immigration status without any prior suspicion. They are also legally permitted to perform a visual inspection of your vehicle during these stops.

At Home

Stay calm and keep your door closed. While opening it does not grant permission for entry, communicating with ICE through the door is a safer way to protect your rights.

You are not required to admit police or immigration agents into your home unless they present a warrant signed by a judge or in specific emergency situations.

While an arrest warrant legally allows officers to enter the home of the person named if they believe that individual is inside, an administrative warrant of removal or deportation (Form I-205) does not authorize entry without your express consent.

What you can and can’t do

• Ask if they are immigration agents and what they are there for.
• Ask the agent or officer to show you a badge or identification through the window or peephole.
• Ask if they have a warrant signed by a judge. If they say they do, ask them to slide it under the door or hold it up to a window to inspect it.
• Don’t lie or produce any false documents.
• Don’t sign anything without speaking to a lawyer first.
• Do not open your door unless ICE provides a judicial search or arrest warrant specifically naming a person in your home or the areas to be searched. If they cannot produce this warrant, keep the door closed and state: “I do not consent to your entry.”
• If agents force their way in, do not resist. Exercise your rights and state clearly: “I do not consent to your entry or search. I am exercising my right to remain silent and wish to speak with a lawyer immediately.”

Filming & Documentation

In public spaces like streets, sidewalks, and parks, the First Amendment protects your right to film or photograph anything in plain view—including law enforcement. However, you must ensure your recording does not interfere with official government actions.

Authorities may order you to remain a reasonable distance away to avoid obstructing their work. Even if you believe a command is unlawful, it is safest to comply, document the interaction, and challenge the action later.

On private property, owners can establish their own rules regarding photography or video recording. If the property owner asks you to leave, you should relocate to a nearby public space.

Unless you are under arrest, law enforcement requires a warrant to seize your device or view its contents without consent. If arrested, officers may take your phone but still need a warrant to search its data. The government is strictly prohibited from deleting your photographs or videos under any circumstances.

When recording, capture relevant details like agent names, badge numbers, visible weapons, and any documents produced. To provide context, include landmarks, street signs, and other witnesses or cameras nearby. Keep the recording continuous to maintain a clear timeline. You may also ask officers for their names, badge numbers, and contact information for follow-up questions; write these details down along with your observations.

Risk Reduction

• Maintain your distance from law enforcement and federal agents and do not touch them.
• Avoid sudden movements and remain calm.
• Film openly and keep your hands visible.
• If you are in a car, don’t have your phone in your hand while driving. You can use a hands-free dashcam or have a passenger record instead.
• Follow law enforcement instructions and never physically resist or obstruct agents.
• Use your documentation to prove you complied with law enforcement instructions.

Free Speech

It is important to remember that the First Amendment does not protect civil disobedience. You can still be penalized for breaking valid laws, even if your goal is to hold law enforcement accountable.

For example, many states have “Hands-Free Driving” laws. If you hold your phone to film agents while driving, you can still be pulled over and cited for that specific violation regardless of your intent.