What are my rights if I am stopped in public by CBP, ICE, USCIS, or any other Law Enforcement Officer?

All persons who are in the U.S., whether legal or illegal, have fundamental rights protected by the U.S. Constitution. If a person is stopped by an immigration officer, or any law enforcement officer, it is important to know the below:

1. The Right to Remain Silent

Under the Fifth Amendment to the U.S. Constitution, all individuals—including undocumented immigrants—have the right to remain silent when questioned by law enforcement or immigration officers. You should clearly state:

“I do not wish to answer any questions.”

This protection means that individuals are not required to disclose their immigration status, nationality, or any other information that could be used against them in a legal proceeding.

2. The Right to Refuse a Search Without a Warrant

The Fourth Amendment protects individuals from unreasonable searches and seizures. Immigration officers cannot enter a home without a valid judicial warrant signed by a judge. If an ICE (Immigration and Customs Enforcement) agent comes to an individual’s home, they have the right to refuse entry unless the agent presents a proper warrant. You must state:

“I do not consent to your entry. Please leave all documents at the door.”

It is important to note that an administrative warrant (Form I-200 or I-205), issued by ICE, is not sufficient for entry. Only a warrant signed by a federal judge grants law enforcement the right to enter without permission.

3. The Right to Legal Representation

The Sixth Amendment grants individuals the right to legal counsel in criminal proceedings. While non-citizens do not have the right to a government-appointed attorney in immigration court, they do have the right to hire one. You should clearly state:

“I wish to speak to an attorney before answering any questions.”

Immigrants should never sign any documents presented by ICE without first consulting an attorney, as these documents may include voluntary departure orders or waivers of rights.

4. The Right to Refuse to Sign Documents

Many individuals feel pressured to sign documents presented by ICE agents, often without fully understanding the consequences. Do not sign any documents without legal advice. Immigrants should state:

“I do not want to sign anything until I have spoken to a lawyer.”

Signing documents without understanding them can lead to unintended consequences, such as forfeiting the right to see an immigration judge.

5. The Right to Be Safe From Discrimination

Under the Equal Protection Clause of the Fourteenth Amendment, all individuals in the U.S. are entitled to equal protection under the law. This means that law enforcement officers and immigration agents cannot target individuals solely based on race, ethnicity, or perceived immigration status. If an immigrant believes they are being targeted unlawfully, they should document the encounter and seek legal assistance.

6. Do not lie!

While you are guaranteed the right to remain silent, you do not have the right to lie to any government official or agent. Never make any false statements in an effort to avoid arrest as this will only make things worse for you.

If you are concerned about getting deported, it is advisable to consult with an experienced immigration attorney before taking any action. As one of the most established firms practicing exclusively in the area of immigration law, our firm has successfully helped our clients obtain temporary work permits, green cards, and citizenship for generations. Note that the information provided in this article and website is intended for general information purposes only and should not be construed as legal advice. For additional information or information regarding other immigration matters, please call Attorney Thomas M. Lee for a free consultation at 213-251-5533