Know Your Rights

If You Are Stopped by the INS

If You are Questioned by Immigration:

  • You Have the Right to Remain Silent
  • Do NOT Run
  • Do NOT Fight
  • Do NOT Hide
  • Do NOT Answer Any Questions
  • Do NOT Show Any Documents
  • Do Not Resist An Arrest
  • Do NOT Make a False Claim to Citizenship
  • Stay CALM and QUIET
  • Do NOT Sign Anything
  • If you insist upon talking, do not lie
  • CALL YOUR ATTORNEY IMMEDIATELY

Know Your Rights in Case of a Raid

It is important that the immigrant population be prepared and informed regarding their rights before, during, and after any raid takes place. The following information should provide important recommendations as to what you should or should not do if you are detained by the INS or your local police, or other authorities.

Before a Raid

  • Be prepared and plan ahead
  • Contact an immigrant advocate, attorney or qualified community agency and be well informed about your rights.
  • Know what documents you should carry with you at all times. It is advisable to carry a state ID or a driver’s license. These documents contain information about you and contain no information at all about your immigration status or your country of origin.
  • Do not carry any documentation brought from your country of origin.
  • Do not carry false documents with you.
  • If possible, carry a card that states you wish to exercise your right to remain silent for use in case you are interrogated by INS officers. These cards are usually available from immigrant-rights organizations in your area.
  • Always carry the name and the phone number of any immigration advocate, a lawyer, and/or an agency who will provide you with advice and other help in case the INS detains you.
  • Inform your neighbors and co-workers, regardless of their immigration status, of their right to remain silent if the INS comes to your neighborhood or workplace.

During a Raid

At Your Home

  • Do not let any INS official or public officer into your home! house/apartment without a court warrant. If they do not have one, they need your permission to go inside. Ask them to put the warrant under the door. The warrant has specific names of people that the agents are looking for and should be signed by a judge. You should not open the door if the agents do not have a warrant or if it does not meet these requirements.
  • If INS officials or police officers enter without proper authorization, ask for their names and/or write down their badge numbers.
  • Obtain the names and phone numbers of any witnesses

At your Home or Workplace

  • Remain calm and do not try to run away. If you run, the INS I may use that against you.
  • Refuse to answer any questions regarding your birthplace and your legal status, unless your lawyer is present.
  • If you lie about your name, your relatives will have difficulty trying to find you.
  • If you have children in school who will not have someone to watch them while you are detained, say so, and ask to make arrangements.
  • Share information about the raid with your co-workers. If there is a union in your workplace, contact a union official.

After a Raid

Remember that both documented and undocumented persons have the following rights. Keep them in mind at all times:

  • The Right to Make a Phone Call
  • The Right to Speak to a Lawyer
  • The Right to Say Nothing Unless Your Lawyer is Present
  • The Right to a Hearing Before an Immigration Judge (You may request this right at any time.)

Important: Do not sign any document!

If the INS tries to convince you to sign any document, you should refuse to do so. That document might allow them to deport you without giving you the opportunity to see an immigration advocate or your lawyer. Keep a receipt for any personal property that is confiscated. Remember that these are some suggestions on what you should know in case you are detained by the INS or the police. . It is very important that you find out more information by discussing any questions you have with an immigration expert. Please report incidents of raids and abuses, even if anonymously, to:

Hispanic/Latino Coalition

(502) 589-8600

KY Consortium for Hispanics/Latinos

(502) 589-8600

American Civil Liberties Union (ACLU)

(502) 581-1181

Know Your Rights In Case of a Raid was compiled by the National Immigration Project of the National Lawyers Guild; the National Network for Immigrant and Refugee Rights; and the Coalition for Humane Immigrant Rights of Los Angeles, and was reproduced through the courtesy of the American Immigration Lawyers Association, National Asian Pacific American Legal Consortium, National Council of La Raza, National Immigration Forum, National Immigration Law Center, National Immigration Project of the National Lawyers Guild, and the United States Catholic Conference.

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