Immigration & Law Enforcement

Interacting with Immigration & Law Enforcement Officers

• Remain calm and composed. Do not resist or obstruct any immigration or law enforcement officer, keep your hands visible at all times, and do not provide false information about your name or immigration status.
• You have the right to leave. If you are stopped by law enforcement on the street, but are not under arrest, you can ask the officer if you are free to go. Ask: “Am I free to leave?”
• Generally you have the right to remain silent. You do not have to answer any questions (except if stopped for traffic, parking, or pedestrian offenses where you must provide your name and address if asked), and you have the right to consult an attorney before speaking with law enforcement. Say: “I have the right to remain silent and to speak to an attorney.”
• You have the right to refuse a search, although you cannot obstruct access. Immigration and law enforcement officers generally cannot search you or your property (phone, house, car, etc.) without a search warrant signed by a judge (except in certain, limited circumstances). Ask: “Do you have a judicial warrant?” and if appropriate, state, “I do not consent to a search.”
• You have the right to ask questions. You have the right to ask the officer for the reason you are being stopped, and for their name or badge. Ask: “Why am I being stopped?”

Read more from the ACLU about your rights when interacting with law enforcement officials.

Documenting Immigration & Law Enforcement Encounters

• When you are lawfully present in a public space, you are generally allowed to film or photograph anything in plain view. You may legally film law enforcement in public areas (even if they tell you to stop recording).
• Observe from a safe distance and so that you do not physically interfere with or obstruct law enforcement’s work. Move to a farther distance when instructed to do so by law enforcement. Even if you think a command is unlawful, it is often safest to follow the order, document the interaction, and challenge it later.
• You do not need to unlock your phone without a warrant. Law enforcement cannot legally search your phone’s contents without a warrant or without your consent.
• You may provide others with information on their rights. You have the right to inform people of their legal rights, such as the right to remain silent or speak with counsel.
• You may wish to document what you see. If you witness an immigration enforcement arrest or raid, you may wish to take notes immediately afterward to recount the details.

 Read more from Immigrant Defense Network about documenting immigration and law enforcement encounters.