Know Your Rights
You have the right to remain silent
- If the officer questions you, you can say, “I choose to exercise my right to remain silent. I will not answer any questions without an attorney present.”
If asked, you must tell the officer your full legal name
Do not reveal your immigration status or your country of origin
Do not show a foreign ID
- If you carry an ID from another country with you, be aware that the police can use it as a reason to call Border Patrol or ICE; and immigration authorities can use it against you in a deportation case.
Ask “am I free to go?”
- If they say yes, you may slowly drive or walk away.
Do not consent to a search
- If an officer says they need to search your pockets or search your car, you can say “I do not consent to a search.” If they search you or your vehicle anyways, do not intervene in the search.
Do not open the door if ICE or police come to your house
- Opening your door gives them consent to come into your house.
ICE and police must have a judicial warrant to enter your house
- Ask to see their warrant through the window or for them to slide it under the door. An “administrative warrant” (not signed by a judge) is NOT grounds for ICE to come into your home.
Example of an administrative warrant: https://www.ice.gov/sites/default/files/documents/Document/2017/I-200_SAMPLE.PDF
Annotated example of an administrative warrant (in english only): https://www.ilrc.org/annotated-ice-administrative-warrants-2017
Description of the differences of both (in Spanish): https://www.lupetucson.org/la-diferencia-entre-una-orden-administrativo-de-ice-y-una-orden-judicial/
Ojo! Don’t be fooled by them!
- ICE agents sometimes trick people into opening the door by pretending to be the police, pretending that they are investigating an identity theft or a car theft case against a person who lives there, or showing a paper that isn’t a warrant.
If ICE enters your house, you always have the right to ask them to leave.
- Do not answer their questions or consent to a search. Say, “I choose to exercise my right to remain silent. I do not want to answer any questions without an attorney present. I do not consent to a search.”
You have the right to remain silent
- If the officer questions you, you can say “I choose to exercise my right to remain silent. I will not answer any questions without an attorney present.”
Remain calm and continue to work
Ask “am I free to go?”
- If they say “yes,” you may slowly drive or walk away. You can also ask your boss if you can leave work.
If asked, you must tell the officer your full legal name
- Do not reveal your immigration status or your country of origin. Do not show a foreign ID.
Schools cannot require a student to give their Social Security Number
Tucson Police Department officers cannot ask minors about their immigration status unless their parent, guardian, or attorney is present
School Resource Officers can never ask a student about their immigration status
- If a School Resource Officer, school administrator, or police officer is asking you about your immigration status at school, you can ask, “Can I call my parent or guardian?” and say, “I choose to exercise my right to remain silent. I will not answer any questions without an attorney present.”
Immigration authorities can visually inspect your car
They can search any person, the inside of any vehicle, and all passenger belongings
They cannot hold you for an extended time without cause
- Ask the agents, “am I free to go?” If they say yes, you may slowly drive or walk away.
You can record immigration authorities on private property, in vehicle stops, and at checkpoints, but NOT on government property including Ports of Entry
Do not resist arrest, even if you believe the arrest is unfair
You have the right to remain silent (and you should use it!)
- If the officer questions you, you can say “I choose to exercise my right to remain silent. I will not answer any questions without an attorney present.” Sometimes officers lie and tell you that answering their questions can help you avoid deportation or criminal charges, and then use what you said against you in court. You should always talk to a lawyer before answering their questions.
You have the right to make a local phone call
- If you call your family or lawyer give them your A number (if in immigration custody) and your location so they can call you again.
Do not discuss your immigration status with anyone but your lawyer
Do not sign anything without talking to a lawyer
Observers have the right to take photographs of anything plainly visible in a public space
- This includes police and government officials.
If observers are on private property, the property owner may set rules about taking photographs
- If you disobey the property owner’s rules, they can order you off their property and have you arrested for trespassing if you do not comply.
Police officers may not confiscate or demand to view your digital photographs or video without a warrant
- Police may not search your cell phone or camera when they arrest you, unless they get a warrant.
Police may not delete your photographs or video under any circumstances