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Migration & Immigrant Rights

Know your rights

Know your rights

Know your rights

We all have a right to live in safety and dignity. These resources can help you protect your rights when you encounter immigration enforcement.

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At immigration court

At immigration court

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Download pdf in Spanish


 

 Here are a few reminders about attending immigration court: 

 

  • You have the right to a lawyer, but you must find and pay for your own lawyer or accredited representative. You can ask the judge for more time to find a lawyer or prepare your case.
  • You also have the right to an interpreter if you do not speak English.
  • You have the right to apply for any type of “relief from removal” that you are eligible for. Please consult a lawyer on types of “relief from removal”.
    • If you are afraid of being harmed in your country of origin, say, “I am afraid to go back to my home country,” to the judge and to any ICE officials, as early and as often as possible.

 

You have the right to share evidence and bring witnesses in support of your case. You should be able to see all the evidence the government uses and respond to it. 

  • If the government attorney asks to dismiss your case, you can ask for a continuance (more time) so that you can respond to their motion. Say, “I would like a continuance.”
  • If the immigration judge does not give you more time, you can say, “I oppose dismissing my case.” Explain why you think your case should be heard.
    • You can say, “I have due process rights to have my case heard;”
    • “I have been and I am complying with all immigration rules;” or
    • “Dismissing my case would make my process longer and hurt me, my family, my community.”

 

If the judge dismisses your case, you have the right to appeal. 

  • There is a possibility that ICE will try to detain you. If they detain you and you are afraid of being harmed in your country of origin, you can explain that to each official you speak to and ask for a credible fear interview. You can ask to postpone your credible fear interview to allow you to speak with your attorney.
  • If you do not show up for a scheduled immigration court hearing, you will likely receive a removal order and be subject to arrest, detention and rapid deportation.

 

Information last updated November 2025. None of the information on this page should be considered legal advice. Please speak to an immigration attorney or Board of Immigration Appeals (BIA) accredited representative about your particular case.

 

 

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At your workplace

At your workplace

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If ICE is at your workplace or place of worship:

 

✔Stay calm. Running away can give agents an excuse to make arrests.
✔You have the right to remain silent. You do not have to answer any questions or provide any information to officers.
✔ICE or other enforcement agencies can only enter public areas of a business or place of worship, UNLESS they have a judicial warrant.
✔You do not have to allow police or federal agents into any reasonably private areas (for example, staff-only areas, offices, kitchens). Say, “I can’t give you permission to enter. You must speak with a person in charge.”
✔Ask to see a warrant: Say, “This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have a judicial warrant?”
✔If officials have a valid search warrant, document whether they search only the areas described in the warrant.
✔If agents present a warrant that names a specific person, you do not have to say whether that person is present, and you do not have to lead officials to that person. Everyone has the right to remain silent and not answer questions.

 

Information last updated November 2025. None of the information on this page should be considered legal advice. Please speak to an immigration attorney or Board of Immigration Appeals (BIA) accredited representative about your particular case.

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If law enforcement is at your door

If law enforcement is at your door

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  • You do not have to open the door unless agents have a judicial warrant.
  • You have the right to remain silent. You do not have to speak to agents or answer questions.
  • Ask “Do you have a warrant?” Ask agents to slip it under the door or show it through a window.
  • Check to see if it is a warrant signed by a judge and authorizes agents to either search a specific area or to arrest a specific person.
  • If they do not have a judicial search warrant, do not open the door. Tell them to leave their contact info for a lawyer to contact them.
  • If they have a warrant for someone’s arrest, send that person outside instead of allowing agents inside.

 

If agents have a warrant and enter your home: 

  • You have the right to record their actions.
  • Document what items they search.
  • You can state “I do not consent to this search.”

 

What is a judicial warrant?

A judicial warrant is a document signed by a judge that authorizes official to arrest someone or to search your house. 

A document signed by an immigration official is not a valid judicial warrant! 

 

A valid search warrant must: 

✔...describe in detail the area to be searched
✔...state the correct address of the home to be searched
✔...be signed by a judge, a justice of the peace, or a magistrate. 

 

Information last updated November 2025. None of the information on this page should be considered legal advice. Please speak to an immigration attorney or Board of Immigration Appeals (BIA) accredited representative about your particular case.

 

 

 

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If you are stopped on the street

If you are stopped on the street

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✔Stay calm and don’t run.
✔You have the right to remain silent. 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.
✔You do not have to consent to a search of yourself, your belongings, or your vehicle. If ICE asks for your permission or starts searching you or your belongings, you can say, “I do not consent to this search.”
✔ICE can only arrest you if they have probable cause. In other words, if they have facts about you that make it probable that you are in violation of immigration law or federal law. They may stop you without having probable cause. Ask if you are free to leave: “Am I free to go?” If yes, walk away calmly and silently.
✔If you must provide identification, it is best to show a U.S. form of identification like a student ID, work ID, non-driver ID, or driver’s license. Do not lie or show fake documents. You do not have to show documents related to your status unless law enforcement shows you a valid warrant to see those documents.

 

Information last updated November 2025. None of the information on this page should be considered legal advice. Please speak to an immigration attorney or Board of Immigration Appeals (BIA) accredited representative about your particular case.

 

 

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