Know Your Rights as an Immigrant in the United States: What You Can Do to Protect Yourself

Everyone in the U.S., no matter what their immigration status, has certain rights under the Constitution and federal law. It’s important for immigrants to know your rights, so you can protect yourself if ICE or police question you, try to enter your home or business, or attempt to detain you. This post will explain key rights, how to preserve them, and practical steps you and your family can take.

Basic Rights Everyone Has

Even if someone is undocumented, they are still a “person” under the Constitution. Congress.gov+2American Bar Association+2

Here are core rights that apply:

• Right to remain silent — You don’t have to answer questions about your immigration status, where you were born, or how you entered the country. American Civil Liberties Union+2The ACLU of Northern California+2
• Right to an attorney — You can request an attorney before answering questions. If you can’t afford one, ask for one or ask to consult one. National Immigrant Justice Center+1
• Protection from unreasonable searches and seizures — Law enforcement generally cannot search your home or private property without a valid warrant or your consent (with limited exceptions). Congress.gov+4Arnold & Porter+4The ACLU of Northern California+4
• Due process rights — If the government is attempting to deprive you of your liberty (e.g. deportation), you have the right to a fair process, a hearing, and a chance to defend yourself. Front page – US+2American Civil Liberties Union+2
• Civil protections and non-discrimination — You are protected from discrimination or abuse on grounds like race, national origin, religion, etc. American Bar Association+2Attorney General+2

Rights in Encounters with ICE or Police

When interacting with ICE or police, you want to keep your rights strong and avoid mistakes. Below are important rules to remember:

You don’t have to open your door

If someone comes to your home claiming to be ICE or law enforcement:

• Ask them to slip a warrant under the door or show it without opening. ACLU of Southern California+4The ACLU of Northern California+4The ACLU of Northern California+4
• Do not let them in unless you see a valid judicial search warrant signed by a judge and for your address. ACLU of Southern California+4The ACLU of Northern California+4Catholic Legal Immigration Network+4
• An administrative ICE warrant (issued by ICE itself) is not sufficient to enter your home without consent. NILC+5Arnold & Porter+5Immigrant Legal Resource Center+5
• If they don’t have a valid judicial warrant, you can refuse entry. Immigrant Legal Resource Center+3The ACLU of Northern California+3The ACLU of Northern California+3

Check the warrant’s validity

If shown a warrant:

• Check who signed it. If it’s signed by a judge or magistrate, it may be a valid judicial warrant. Arnold & Porter+2The ACLU of Northern California+2
• Confirm the address and whether the warrant allows them to search all areas or only specific rooms. Felhaber Larson+4The ACLU of Northern California+4Catholic Legal Immigration Network+4
• If it’s just signed by ICE or “DHS,” that is likely an administrative warrant, which does not automatically grant entry. NILC+4Arnold & Porter+4Felhaber Larson+4

Use your rights — remain silent, ask for an attorney

• You can calmly say: “I am exercising my right to remain silent. I want to speak with a lawyer.”
• Don’t lie. Don’t sign anything without consulting an attorney.
• If they detain or arrest you, ask to speak with your attorney immediately.

Public vs. private spaces

• If ICE or police are in a public area (lobby, waiting rooms, sidewalks), they may have more leeway to approach or question you.
• But to enter non-public or limited-access areas (rooms, kitchens, private offices), they generally need a judicial warrant or your voluntary permission. The ACLU of Northern California+4DePaul University+4open.illinois.edu+4
• They cannot rely solely on an ICE administrative warrant to enter private areas. Shelterforce+2Ballard Spahr+2

Exceptions (emergencies, exigent circumstances)

• In rare cases (danger to life, imminent destruction of evidence), law enforcement might be able to enter without a warrant.
• But these exceptions are narrow and must meet high legal standards.

What You Can Do to Protect Yourself

Knowing rights is one thing. Taking steps ahead of time helps:

1. Memorize a short script: E.g. “I remain silent. I want a lawyer.”
2. Keep contact info for a trusted immigration attorney in your phone or wallet.
3. Tell a family member or friend whom to call for you.
4. Document your encounter: If possible, record or take notes of badge numbers, names, time, location, and witnesses.
5. Don’t resist physically — calmly assert your rights instead.
6. If detained, ask for a bond hearing or legal review (if eligible).
7. Stay updated on local sanctuary policies or legal clinics in your city.

Rights That Can Be Removed or Are Limited

Some rights can be restricted under immigration law or court decisions:

• You do not always have right to a free government-provided attorney in immigration court (unlike criminal court).
• Some convictions or immigration violations may limit your eligibility for certain protections like relief from removal.
• In certain removal proceedings, expedited or accelerated processes may apply, reducing opportunity for full hearings (though still subject to due process).

Why It Matters

When people understand and assert their rights:

• It helps prevent unlawful searches, abuse, or rights violations.
• It gives you a legal defense later if something goes wrong.
• It shows you are not defenseless — you still have options to fight, to seek counsel, and to protect your dignity.