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Your Constitutional Rights

Everyone in the United States, regardless of immigration status, has constitutional rights. This guide will help you understand and assert those rights if you encounter immigration enforcement agents.

**Important**: This is general information and not legal advice. For specific legal guidance, contact one of the legal aid organizations listed in our [resources directory](https://directory.cityheightsdc.org/tags/legal-aid).

At Your Home

If Immigration Agents Come to Your Door

You have the right to:

  1. Remain Silent - You do not have to answer questions about where you were born, your immigration status, or anything else
  2. Refuse Entry - Unless agents have a warrant signed by a judge, you do not have to let them in
  3. Not Sign Anything - Do not sign any documents without speaking to a lawyer
  4. Speak to a Lawyer - Ask to speak with your attorney

What to Do

  1. Stay Calm
  2. Do not open the door - Speak through the door or a window
  3. Ask if they have a warrant - If they say yes, ask them to slide it under the door
  4. Check the warrant carefully:
    • Must be signed by a judge (not just an ICE agent)
    • Must have your correct name and address
    • Administrative warrants are NOT enough
  5. Say: “I do not consent to your entry. I want to speak to my lawyer.”
  6. Document everything - Write down or record badge numbers, names, what was said
  7. Contact legal help immediately
**Important**: An "administrative warrant" or "warrant of removal/deportation" signed by ICE or DHS is NOT enough to enter your home. Only a warrant signed by a judge allows them to enter.

What NOT to Do

  • ❌ Do not open the door
  • ❌ Do not run or physically resist
  • ❌ Do not provide false documents
  • ❌ Do not answer questions about your immigration status
  • ❌ Do not sign anything
  • ❌ Do not leave your home with agents unless they have a judicial warrant

In Public or at Work

If Stopped by Immigration Agents

You have the right to:

  1. Remain Silent - Say: “I wish to remain silent”
  2. Refuse to Answer Questions - You don’t have to answer questions about immigration status, where you were born, or how you entered the U.S.
  3. Not Show Papers - Unless you’re driving, you generally don’t have to show ID
  4. Contact a Lawyer - Say: “I want to speak to my lawyer”
  5. Record the Encounter - If you can safely do so

What to Do

  1. Stay Calm
  2. Keep your hands visible
  3. Say clearly: “I wish to remain silent. I do not consent to a search. I want to speak to my lawyer.”
  4. Do not run
  5. Do not lie - But you don’t have to answer
  6. Ask if you’re free to leave - If they say yes, calmly walk away
  7. Document - Write down badge numbers, what happened, witnesses

What NOT to Do

  • ❌ Do not run away
  • ❌ Do not resist physically
  • ❌ Do not provide false documents or information
  • ❌ Do not answer questions about your status
  • ❌ Do not sign anything without a lawyer

If You’re Arrested

Your Rights

  1. Right to Remain Silent - Use it! Say: “I invoke my right to remain silent”
  2. Right to a Lawyer - Say: “I want to speak to my lawyer”
  3. Right to a Phone Call - Ask to call your family or lawyer
  4. Right to Refuse Signing - Do not sign anything without legal counsel

What to Do

  1. Assert your rights clearly:
    • “I invoke my right to remain silent”
    • “I want to speak to my lawyer”
    • “I do not consent to any search”
  2. Ask for a lawyer immediately and repeatedly
  3. Do not discuss your case - Anything you say can be used against you
  4. Memorize important phone numbers before emergencies
  5. Ask officers for their names and badge numbers

What NOT to Do

  • ❌ Do not answer questions about your immigration status
  • ❌ Do not discuss where you were born or how you entered the U.S.
  • ❌ Do not sign anything
  • ❌ Do not accept voluntary departure without talking to a lawyer
  • ❌ Do not provide false documents

Important Phone Numbers

Memorize These Numbers

Keep these numbers written down where family members can find them:

  • Immigrant Defenders Law Center: (213) 634-0999
  • Employee Rights Center: (619) 521-2017
  • Border Angels: (619) 487-0249
  • Haitian Bridge Alliance: (619) 693-8708

For more organizations, see our Community Organizations Directory.


Making a Safety Plan

Before an Emergency

  1. Memorize important phone numbers
  2. Keep a “Know Your Rights” card with you (available from ILRC)
  3. Have a plan - Who will care for your children? Who has your important documents?
  4. Create a Power of Attorney for child care decisions
  5. Know your A-number (Alien Registration Number) if you have one
  6. Designate a trusted person to handle your affairs
  7. Keep copies of important documents in a safe place

Family Emergency Plan

Discuss with your family:

  • Who will care for children? Make legal arrangements (Power of Attorney)
  • Where are important documents? Passports, birth certificates, deeds, etc.
  • Who to call? Have a list of emergency contacts
  • What to say to ICE? Practice: “I wish to remain silent. I want to speak to my lawyer.”
  • Meeting place if separated
  • Financial access - Ensure trusted family members can access accounts if needed

Important Documents to Prepare

Keep copies in a safe place:

  • Birth certificates
  • Marriage certificates
  • Custody documents
  • Passports or IDs
  • Proof of residence
  • Medical records
  • Financial account information
  • Legal documents (prior immigration paperwork, court orders)
  • Contact information for lawyers and organizations

What to Do If Someone You Know Is Detained

  1. Get Information:

    • Full name and date of birth
    • Where and when they were detained
    • What agency detained them (ICE, CBP, etc.)
  2. Contact Legal Help Immediately:

    • Call organizations from our resources list
    • Time is critical in deportation cases
  3. Use the ICE Detainee Locator:

  4. Document Everything:

    • Write down what happened
    • Get witness contact information
    • Keep all documents received
  5. Contact Our Rapid Response Network:


Special Situations

At Schools

Immigration agents generally need permission from school officials to enter. Schools should:

  • Not provide student information to ICE without a subpoena or court order
  • Not allow ICE to enter without proper authorization
  • Inform parents immediately if agents appear

At Workplaces

  • Employers must see a judicial warrant before allowing ICE entry to non-public areas
  • You have the right to remain silent about your immigration status
  • Document everything if ICE raids your workplace

At Checkpoints

  • You generally must briefly stop
  • You can refuse to answer questions about immigration status
  • You can refuse vehicle searches without a warrant
  • Record if safely possible

Frequently Asked Questions

Q: Do I have to answer questions from immigration agents?

A: No. You have the right to remain silent. You do not have to answer questions about where you were born, your immigration status, or anything else.

Q: Do I have to show my immigration papers?

A: Generally no, unless you’re at a border or airport. If you’re driving, you may need to show a driver’s license.

Q: What if they threaten to separate me from my children?

A: This is a coercive tactic. Assert your rights. Say: “I do not consent. I want to speak to my lawyer.” Contact legal help immediately.

Q: What if I don’t speak English well?

A: You have the right to an interpreter. Say: “I need an interpreter” or “Necesito un intérprete.”

Q: Can I record encounters with ICE?

A: Yes, in most cases you can record in public. Do so safely and from a distance if not involved in the stop.


Community Support

You are not alone. Our community stands together.

If You Witness an ICE Action

  1. Record safely from a distance
  2. Do not interfere with the arrest
  3. Document:
    • Time and location
    • Number of agents
    • Vehicles and license plates
    • Badge numbers if visible
    • What you saw happen
  4. Report to local organizations
  5. Share information with trusted community networks

Rapid Response Networks

Many communities have rapid response networks that:

  • Alert community members to ICE activity
  • Provide on-the-ground observation and documentation
  • Connect families with immediate legal help
  • Offer community support

Join our network: Contact info@cityheightsdc.org


Additional Resources

Red Cards

Carry a “Know Your Rights” red card from the Immigrant Legal Resource Center. These cards:

  • State your rights in multiple languages
  • Can be shown to officers
  • Help you assert your rights without speaking

Many organizations offer free legal screenings:

  • Check if you’re eligible for any immigration relief
  • Understand your options
  • Get connected with immigration attorneys

See our Organizations Directory for free legal clinics.

Know Your Rights Workshops

We regularly host workshops teaching:

  • Constitutional rights
  • How to interact with ICE
  • Creating family safety plans
  • Connecting with legal resources

Contact us to attend or host a workshop: info@cityheightsdc.org


Remember

  • You have rights - regardless of immigration status
  • Use them - clearly state your rights
  • Stay calm - don’t run, resist, or provide false information
  • Stay silent - you don’t have to answer questions
  • Get legal help - contact a lawyer immediately
  • Document everything - write down what happened
  • Support each other - we’re stronger together
**This guide is for informational purposes only and is not legal advice.** For legal guidance about your specific situation, contact an immigration attorney or one of the legal aid organizations in our [resources directory](https://directory.cityheightsdc.org/tags/legal-aid).

¡Conoce tus derechos! Know your rights!

This guide is maintained by the City Heights Defense Committee. Share it with your community. For questions or to request a “Know Your Rights” workshop, contact us at info@cityheightsdc.org