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Know Your Rights: Your Constitutional Protections When Interacting with Law Enforcement

  • Writer: Colibri Collective
    Colibri Collective
  • Mar 14
  • 3 min read

Disclaimer:This information is for informational purposes only and does not constitute legal advice. It aims to help you understand your constitutional rights, irrespective of your immigration status. For specific questions about your situation, always consult with an attorney.


Your Constitutional Rights

Regardless of your immigration status, you have guaranteed rights under the Constitution. Whether you’re approached by local or state police, ICE (Immigration and Customs Enforcement), or Border Patrol, knowing your rights can help protect you during encounters with law enforcement.


If Law Enforcement Asks About Your Immigration Status

  • Remain Silent:You have the right to remain silent. You are not required to answer questions about your immigration status.

  • Do Not Consent to a Search:You are not obligated to let officers into your home unless they have a valid warrant, signed by a judge.

  • Know When to Ask Questions:If you are stopped, ask if the officer is an immigration agent and what their purpose is for the visit.

  • Stay Calm. 


When Police or ICE Arrive at Your Home

  • Remain Calm:Keep the door closed when speaking to police or ICE outside. 

  • Verify Identification:Request that the officer or agent show their badge or identification through a window or peephole.

  • Check for a Warrant:Ask if they have a warrant and make sure the warrant is signed by a judge.


When Police or ICE Show Up at Work


  • You Have the Right to Remain Silent and Request an Attorney: You do not have to discuss your immigration status with anyone.

  • Don't Sign Anything: Do not sign any documents until you have consulted with a lawyer.

  • If No Warrant Is Issued: You have the right to refuse consent to a search of your body or property.

  • Ask If You Are Free To Leave: If so, walk out calmly.

  • If You Are Arrested: Remain silent until speaking with an attorney.


Example Script: What to Say When ICE Is at Your Door

English: 

I do not wish to speak with you, answer your questions, or sign or hand you any documents based on my 5th Amendment rights under the United States Constitution. 


I do not give you permission to enter my home based on my 4th Amendment rights under the United States Constitution unless you have a warrant to enter, signed by a judge or magistrate with my name on it that you slide under the door. 


I do not give you permission to search any of my belongings based on my 4th Amendment rights. 


I choose to exercise my constitutional rights. 


Spanish: 

No deseo hablar con usted, responder a sus preguntas, ni firmar o entregarle ningún documento basándome en mis derechos de la quinta enmienda de la Constitución de los Estados Unidos. 


No le doy permiso para entrar a mi casa basándome en mis derechos de la cuarta enmienda de la Constitución de los Estados Unidos, al menos que tenga una orden para entrar, firmada por un juez o magistrado con mi nombre y que usted me pase por debajo de la puerta. 


No le doy permiso para registrar ninguna de mis pertenencias basándome en mis derechos de la cuarta enmienda. 


Elijo ejercer mis derechos constitucionales. 


*script provided by AANHPI for Equity


Additional Resources & Links

Enhance your understanding and access further support by exploring the following resources:


*graphic provided by AANHPI for Equity
*graphic provided by AANHPI for Equity

Organizations & Advocacy Groups

Find help and advocacy through these organizations:

Legal Resources and Rights:

Advocacy:


Final Thoughts

Understanding your rights is essential for your safety and well-being. Stay informed, remain calm during any encounters with law enforcement, and always seek legal advice when needed. Remember, you are protected under the Constitution regardless of your immigration status.


This blog post is for informational purposes only and should not be considered legal advice. Always consult with a legal professional regarding your specific circumstances.

 
 
 

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