Regardless of your immigration status, you have guaranteed rights under the Constitution. Learn more here about your rights as an immigrant, and how to express them. This information is not intended as legal advice.  

Visit We Have Rights to explore resources designed to help immigrants understand and protect their rights. This site offers detailed guidance, videos, and toolkits for navigating encounters with law enforcement and ICE. 

 

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Law enforcement asks about my immigration status

A.Law enforcement asks about my immigration status

A.

How to reduce risk to yourself 

  • Stay calm. Don’t run, argue, resist, or obstruct the officer, even if you believe your rights are being violated. Keep your hands where police can see them. 
  • Don’t lie about your status or provide false documents. 

Your rights 

  • You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court. 
  • If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. 
  • If an immigration agent asks if they can search you, you have the right to say no. Agents do not have the right to search you or your belongings without your consent or probable cause. 
  • If you’re over 18, carry your papers with you at all times. If you don’t have them, tell the officer that you want to remain silent, or that you want to consult a lawyer before answering any questions. 

What to do in such an encounter 

  • North Carolina law does not require you to provide your name or other identifying information to police. However, depending on the circumstance, refusing to identify yourself to the police could result in being charged with resisting, delaying, or obstructing law enforcement in the performance of their duties. If a police officer insists on knowing your name or other identifying information, you can politely point out that state law doesn't require you to provide this information and ask why they are requesting this information. Depending on how they respond, you may then decide whether to provide the requested information. But even if you give your name, you don’t have to answer other questions. 
  • If you are driving and are pulled over, the officer can require you to show your license, vehicle registration and proof of insurance, and to write down your name and address or the name and address of the car owner, but you don’t have to answer questions about your immigration status. 
  • Customs officers can ask about your immigration status when entering or leaving the country. If you are a lawful permanent resident (LPR) who has maintained your status, you only have to answer questions establishing your identity and permanent residency. Refusal to answer other questions will likely cause delay, but officials may not deny you entry into the United States for failure to answer other questions. If you are a non-citizen visa holder, you may be denied entry into the U.S. if you refuse to answer officers’ questions. 

Additional resources 

In other languages 

I’ve been stopped by police or ICE

A.I’ve been stopped by police or ICE

A.

How to reduce risk to yourself 

  • Stay calm and do not resist or obstruct the agents or officers. 
  • Do not lie or give false documents. 
  • Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication. 

Your rights 

  • You have the right to remain silent. If you wish to exercise that right, say so out loud. North Carolina law does not require you to provide your name or other identifying information to police. However, depending on the circumstance, refusing to identify yourself to the police could result in being charged with resisting, delaying, or obstructing law enforcement in the performance of their duties. If a police officer insists on knowing your name or other identifying information, you can politely point out that state law doesn't require you to provide this information and ask why they are requesting this information. Depending on how they respond, you may then decide whether to provide the requested information. But even if you give your name, you don’t have to answer other questions. 
  • You do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon. 
  • If you are arrested by police, you have the right to a government-appointed lawyer. 
  • If you are detained by ICE, you have the right to consult with a lawyer, but the government is not required to provide one for you. You can ask for a list of free or low-cost alternatives. 
  • You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.) 

What to do if you are arrested or detained 

  • Say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. Don't say anything, sign anything, or make any decisions without a lawyer. 
  • If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer. 
  • If you have been detained by ICE, you have the right to contact your consulate or have an officer inform the consulate of your detention. 
  • Remember your immigration number ("A" number) and give it to your family. It will help family members locate you. 
  • Keep a copy of your immigration documents with someone you trust. 
  • If you are a non-citizen: Ask your lawyer about the effect of a criminal conviction or plea on your immigration status. Don't discuss your immigration status with anyone but your lawyer. While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer. Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter. 

If you believe your rights were violated 

  • Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses. 
  • If you’re injured, seek medical attention immediately and take photographs of your injuries. 
  • File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish. 

Additional resources 

In other languages 

Police or ICE are at my home

A.Police or ICE are at my home

A.

How to reduce risk to yourself 

  • Stay calm and keep the door closed. Opening the door does not give them permission to come inside, but it is safer to speak to ICE through the door. 

Your rights 

  • You have the right to remain silent, even if the officer has a warrant. 
  • You do not have to let police or immigration agents into your home unless they have certain kinds of warrants. 
  • If police have an arrest warrant, they are legally allowed to enter the home of the person on the warrant if they believe that person is inside. But a warrant of removal/deportation (Form I-205) does not allow officers to enter a home without consent. 

What to do when the police or ICE arrive   

  • 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 so you can inspect it. 
  • Don’t lie or produce any false documents. Don’t sign anything without speaking with a lawyer first. 
  • Do not open your door unless ICE shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address. If they don’t produce a warrant, keep the door closed. State: “I do not consent to your entry.” 
  • If agents force their way in, do not resist. If you wish to exercise your rights, state: “I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.” 
  • If you are on probation with a search condition, law enforcement is allowed to enter your home. 

Additional resources 

I need a lawyer

A.I need a lawyer

A.

Your rights 

  • If you are arrested by the police, you have the right to a government-appointed lawyer and should ask for one immediately. 
  • If arrested, you have the right to a private phone call within a reasonable time of your arrest, and police may not listen to the call if it is made to a lawyer. 
  • If you are detained by ICE or Border Patrol, you have the right to hire a lawyer, but the government does not have to provide one for you. Ask for a list of free or low-cost alternatives. 
  • If you are detained, you have the right to call a lawyer or your family, and you have the right to be visited by a lawyer in detention. You have the right to have your attorney with you at any hearing before an immigration judge. 

Additional resources 

I've been arrested and need to challenge a deportation order

A.I've been arrested and need to challenge a deportation order

A.

Your rights 

  • You have the right to a hearing to challenge a deportation order, unless you waive your right to a hearing, sign something called a “Stipulated Removal Order,” or take “voluntary departure.” 
  • You have the right to an attorney, but the government does not have to provide one for you. Ask for a list of free or low-cost alternatives. If you have no lawyer, ask the court to allow you time to find one. 

What to do if you are arrested 

  • If you are told that you do not have the right to see an immigration judge, you should speak with a lawyer immediately. There are some cases in which a person might not have a right to see an immigration judge. But even if you are told that is your situation, you should ask to speak to a lawyer immediately because Immigration officers will not always know or tell you about exceptions might apply to you. 
  • If you fear persecution or torture in your home country, tell an officer and contact a lawyer immediately. You have additional rights if you have this fear. 

Additional resources