What You Need to Know About Police or ICE Encounters

No. Don’t provide government officials with information about your immigration status or give them papers from another country. If you do, the government can use this information in a deportation proceeding.

Be sure not to lie to an immigration officer—lying to an immigration officer and lying about your status carries serious punishment. Do not give false documents or carry false documentation. This does not mean you have to tell or provide your country of birth when asked for Identification.

Do not sign anything without knowing what you are signing. If you do not understand make sure to ask for an interpreter. You can be signing your right to a hearing or bail away.

You should memorize or carry with you the phone number of an immigration lawyer, a community service organization, and your country’s consulate number.

The police can try to talk to you at any time. Remember that the police can lie and may lie to get you to talk. You have no obligation to say anything. Ask: “Am I free to go?” Unless the officer says no, walk away.

The police officer needs “reasonable suspicion,” which is a legal term that defines the amount of information that is needed before stopping somebody. The police officer does not need to tell you the reasons for stopping you.

The police officer can do a pat-down or “frisk” if they believe you may be armed. They can touch the outside of your clothing and feel for weapons. They can only do a pat-down after a stop for reasonable suspicion that you were about to commit or committing a crime.

Police don’t need reasonable suspicion to ask you to consent to a search of your person or things you’re carrying. You can say that you don’t consent to a search of yourself or of your belongings. If you do this and the police make an arrest, remember to tell your lawyer about the unlawful search.

Ask your lawyer about the effect of a criminal conviction or plea on your immigration status. Don’t discuss your immigration status with anyone other than your lawyer.

While you are in jail, an immigration agent may visit you. Do not answer any question or sign anything before talking to a lawyer. Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter. You could be consenting to waive your right to bail or to have an audience with a judge.

Immigration officials are not obligated to provide you with free legal counsel, only a list of lawyers’ contact information. Ask for a copy of all your immigration documents. In order to protect your rights, do not answer any questions that immigration officials ask you. Do not sign any documents.

Take advantage of your right to call a lawyer and your consulate. It is always good to memorize these numbers or to make sure that your loved ones have these numbers at hand when you call them.

Contact your family immediately—give them all the details of your arrest and the place where you are being detained. Also, give them the name of the immigration official who is in charge of your case.

• You have a right to remain silent. If you wish to exercise that right, say it out loud.
• You have the right to a lawyer if you are arrested. Ask for one immediately.
• Many officials will ask for your country of birth. Remember that in NY you do not have to provide this answer and you can ask to speak to your lawyer if the office insists on asking you the same question.
• If you are not under arrest, you have the right to calmly leave.
• You do not have to discuss your immigration or citizenship status with police, immigration agents or other officials. You do not have to answer questions about where you were born, whether you are a US citizen or how you entered the country.
• You have the right to have your preferred and affirming name and pronoun used during an arrest regardless of the name on your identification.
• If the Police Officer continues asking you questions, you DO NOT HAVE TO SPEAK. You can say “I wish to remain silent.” However, you CANNOT speak to the police officer at all after this because that will break your right to remain silent.
• Asking to go to the bathroom is not considered breaking your right to remain silent.

Call our Immigration Law Unit Helpline at 844-955-3425, Monday- Friday, 9 a.m. – 5 p.m. for assistance with cases other than deportation defense, such as:

• Naturalization
• Green cards
• VAWA
• U & T Visas
• Temporary Protected Status
• Deferred Action for Childhood Arrivals
• Undocumented Youth in Foster Care
• Guardianship & Adoption Proceedings
• Other affirmative immigration benefits
• Public charge concerns
• Advance planning non-citizen parents

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.