Know Your Rights: Interacting with Law Enforcement and Immigration Officials

How to reduce risk to yourself:

• Stay calm and keep the door closed. Opening the door does not give ICE permission to come inside, but it is safer to speak to them through the door. 

Your rights:

• You have the right to remain silent, even if an officer has a valid warrant.
• You do not have to let police or immigration agents into your home unless they have a warrant signed by a judge.
• If police have a judicial warrant, they are legally allowed to enter a home to search the specific area of the home identified in the warrant or to arrest the person identified on the warrant if that person remains inside the home. But a warrant of removal/deportation (Form I-205) does not allow officers to enter a home without consent. 

What to do when law enforcement or immigration agents arrive:

• Ask them to identify themselves, who they are with, and what they are there for. 
• Ask the agent or officer to show you a badge or identification through the window or peephole.
• Ask if they have a warrant signed by a judge. If they say they do, ask them to slide it under the door or hold it up to a window so you can inspect it.
• Don’t lie or produce any false documents. Don’t sign anything without speaking with a lawyer first.
• Do not open your door unless ICE shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address. If they don’t produce a warrant, keep the door closed. State: “I do not consent to your entry.”
• If agents force their way in, do not resist. If you wish to exercise your rights, state: “I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.”

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For more information, attend an upcoming webinar or request a KYR presentation. If you feel your rights have been violated, you can seek legal assistance from a variety of organizations, including the ACLU of Texas.

• Ask if you are free to leave. If so, you may calmly walk out.

• You have the right to refuse consent to a search.

• You have the right to remain silent. You do not have to discuss your immigration status with anyone, such as about where you were born, whether you are a citizen, or how you entered the country.

• If you have valid immigration documents, you should show them. Never provide fake documents.

• If you are arrested, say that you wish to remain silent until speaking with a lawyer.

• You have the right to record your interaction with immigration agents as long as you do not interfere.

Share this informational graphic with your community.

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• Haitian Creole
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For more information, attend an upcoming webinar or request a KYR presentation. If you feel your rights have been violated, you can seek legal assistance from a variety of organizations, including the ACLU of Texas.

The Trump Administration has rescinded the U.S. Department of Homeland Security’s (DHS) “sensitive locations” or “protected areas” policy. This means that U.S. Immigration and Customs Enforcement (ICE) agents can now enter public spaces within campuses, hospitals, and faith institutions. However, ICE agents still need a warrant to access private spaces, and all students have legal protections while at school.  

Schools should be aware that in addition to ICE agents, local and state law enforcement may engage in immigration enforcement. Federal law currently provides safeguards that schools should know to protect students, faculty, and staff from potential civil rights violations.  

Schools should communicate to immigrant students that they are welcome.

• Federal law prohibits discrimination in public education, including discrimination based on race, color, or national origin.
• Under the Supreme Court’s decision in Plyler v. Doe, all students, regardless of immigration status, have a right to public education.
• Schools could be liable under federal law for violating Plyler if they report students or discourage their attendance based on immigration status.  

Schools should ensure that police officers and school resource officers are respecting students’ rights.

• School police or school resource officers should not inquire about immigration status, report, or detain students and family members for purposes of immigration enforcement.

• Schools must restrict school police and school resource officers from accessing FERPA-protected records, ensure they properly follow Fourth Amendment standards, and limit interactions with local police including for disciplinary incidents. 

Schools should clearly indicate what areas of the property are private.

• The Fourth Amendment protects schools and students from unreasonable searches and seizures. ICE agents would need a warrant that is signed by a judge to enter areas with a reasonable expectation of privacy, such as classrooms, cafeterias, and administrative offices.

• However, law enforcement and/or immigration agents may enter public spaces without a warrant. If you hold a public event on any part of a school campus, ICE agents could enter that area without a judge-signed warrant.  

Schools should have a plan for when/if law enforcement and/or immigration agents come to a school, including the following considerations:

• Designate one or two people at each school whose job it is to talk to the law enforcement and/or immigration agents.

• If a law enforcement and/or immigration agent approaches a staff member that is not the designated person, the staff member can direct them to the front office to meet the designated person.
• If law enforcement and/or immigration agents ask permission or attempt to enter a private area, the designated person should state explicitly that they do not consent to the officer/agent(s) entering without a warrant.
• The designated person should identify what agency the law enforcement and/or immigration agents are with. The designated person should then direct them to the superintendent, who should request to see written legal authorization and verify the identity of the law enforcement and/or immigration agents.
• The superintendent should advise law enforcement and/or immigration agents of the school district’s Plyler and FERPA obligations and should not affirmatively aid in removing a student from school based upon their immigration status.
• School staff and students have the right to refuse to answer any questions.
• If law enforcement and/or immigration agents detain a student, the school district should promptly notify the student’s parent or guardian. 

Learn More

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There are many steps schools can take to support their immigrant students. For more information, attend an upcoming webinar or request a KYR presentation. If you feel your rights have been violated, you can seek legal assistance from a variety of organizations, including the ACLU of Texas.

The Trump Administration has rescinded the U.S. Department of Homeland Security’s (DHS) “sensitive locations” or “protected areas” policy. This means that U.S. Immigration and Customs Enforcement (ICE) agents can now enter public spaces within campuses, hospitals, and faith institutions. However, ICE agents still need a warrant to access private spaces.  

Faith institutions should be aware that, in addition to ICE agents, local and state law enforcement may engage in immigration enforcement. Federal law currently provides safeguards that faith institutions should know to protect their members from potential civil rights violations while on their property.

Law enforcement and/or immigration agents may only enter the private areas a faith institution if they have a warrant that is signed by a judge.

• The Fourth Amendment protects institutions and their members from unreasonable searches and seizures. This means that law enforcement and/or immigration agents would need a warrant signed by a judge to enter areas where there is a reasonable expectation of privacy, such as spaces for worship or prayer, faith-based schools, and administrative offices.
• An administrative ICE warrant that is signed by an ICE official is not sufficient for the law enforcement and/or immigration agents to enter these private spaces.
• Law enforcement and/or immigration agents may ask for permission to enter even if they don’t have a warrant or only have an ICE administrative warrant. You do not have to allow them in. If you allow them in, they then have the right to search the area they are in. 
• Law enforcement and/or immigration agents can be stationed outside or near your faith institution. You can send a designated person to ascertain the identity of an individual waiting outside your institution. Law enforcement and/or immigration agents can be stationed outside or near your faith institution. You can send a designated person to ascertain the identity of an individual waiting outside your institution. If they confirm it is law enforcement/immigration agent, you can make clear which areas of the institution are private and can remind people of their rights.

Faith institutions should clearly indicate what areas of the property are private. 

• In addition to the place of worship, faith institutions may have schools, recreational facilities, funeral homes, and other community centers. If those spaces are open to the public, law enforcement and/or immigration agents can enter them without a warrant.

• Faith institutions may post signs designating areas as private, thereby requiring law enforcement and/or immigration agents to obtain a warrant for entry. However, to maintain this protection, these spaces must consistently be treated as private for all individuals, not just selectively for authorities. For example, if members of the public are allowed in certain spaces, agents cannot be denied access to those same areas. 

Faith leaders should have a plan for when/if law enforcement and/or immigration agents come to a faith institution, including the following considerations:

• Designate one or two people at the institution whose job it is to talk to the law enforcement and/or immigration agents.

• If a law enforcement and/or immigration agent approaches a member that is not the designated person, members know to direct the law enforcement and/or immigration agent to the front office or area outside the church or faith institution to meet the designated person.
• The designated person should identify the law enforcement and/or immigration agents, identify what agency they are with, and ask to see a warrant. Look to confirm that the warrant is issued by a court and signed by a judge. Here is an example. Also read the warrant to determine where the law enforcement and/or immigration agents are authorized to search and what they can seize to ensure they limit their search. 

Institution staff and members have the right to refuse to answer any questions.

• If law enforcement and/or immigration agents detain a member of your institution, promptly notify the member’s family. 

Learn more

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There are many steps faith institutions can take to support their members. For more information, attend an upcoming webinar or request a KYR presentation. If you feel your rights have been violated, you can seek legal assistance from a variety of organizations, including the ACLU of Texas

The Trump Administration has rescinded the U.S. Department of Homeland Security’s (DHS) “sensitive locations” or “protected areas” policy. This means that U.S. Immigration and Customs Enforcement (ICE) agents can now go enter public spaces within campuses, hospitals, and faith institutions. However, ICE agents still need a warrant to access private spaces, and patients have legal protections.  

Hospitals should be aware that in addition to ICE agents, local and state law enforcement may engage in immigration enforcement. Federal law currently provides safeguards that hospitals should know to protect patients from potential civil rights violations. 

Patients have the right to decline to answer a hospital’s questions about their immigration status.

• Texas Governor Greg Abbott issued an executive order August 8, 2024, directing hospitals to ask patients their immigration status. His stated goal is to collect data on the cost of care for, and number of discharges/visits by, “patients who are not lawfully present.”

• If asked by hospital intake staff about their immigration status, patients can request an interpreter and/or decline to answer the question.
• A patient’s immigration status and/or refusal to answer the question cannot affect the care they receive.  

Law enforcement and/or immigration agents may only enter the private areas of a hospital if they have a warrant that is signed by a judge.   

• The Fourth Amendment protects hospitals and patients from unreasonable searches and seizures. This means that law enforcement and/or immigration agents would need a judge-signed warrant to enter areas where there is a reasonable expectation of privacy, such as hospital rooms, hospital administrative offices, and areas intended for patients and family members.

• An administrative ICE warrant that is signed by an ICE official is not sufficient for the law enforcement and/or immigration agents to enter areas of the hospital that are not open to the public.
• Law enforcement and/or immigration agents may ask for permission to enter even if they don’t have a warrant or only have an ICE administrative warrant. You do not have to allow them in. 

Hospitals should clearly indicate what areas of the property are private.

• Establish a written policy designating private areas and limit access to only those who are receiving or providing care, or who are otherwise necessary.

• Barriers between the public and private areas of the facility should be clearly marked with signs or locked doors.
• Remind all patients and other individuals present that they have the right to remain silent and not answer any questions asked by law enforcement/immigration officers.

Hospital administration should have a plan for when/if law enforcement and/or immigration agents come to a hospital, including the following considerations:

• Designate one or two people at hospital whose job it is to talk to the law enforcement and/or immigration agents.

• If a law enforcement and/or immigration agents approaches an employee that is not the designated person, the employee can direct them to the front office to meet the designated person.
• The designated person should identify the law enforcement and/or immigration agents, identify what agency they are with, and ask to see a warrant. Look to confirm that the warrant is issued by a court and signed by a judge. Here's an example. Also read the warrant to determine where the law enforcement and/or immigration agents are authorized to search and what they can seize to ensure they limit their search.
• If law enforcement and/or immigration agents ask permission or attempt to enter a private area, the designated person should state explicitly that they do not consent to the officer/agent(s) entering without a warrant.
• Hospital staff and patients have the right to refuse to answer any questions.
• If law enforcement and/or immigration agents detain a patient, promptly notify the patient’s family.
• Request patient consent before any requested search by law enforcement officials.
  • In the absence of a judicial warrant or voluntary consent to a search, medical personnel should not conduct a search or share any medical information subject to HIPAA protections.
  • To properly verify whether a patient voluntarily consented to a search or sharing of medical history, medical personnel should, outside of the presence of immigration officials, independently obtain consent from the patient. 

LEARN MORE

Share this informational graphic with your community.

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There are many steps hospitals can take to support their patients. For more information, attend an upcoming webinar or request a KYR presentation. If you feel your rights have been violated, you can seek legal assistance from a variety of organizations, including the ACLU of Texas.

If you're stopped in your car:

• Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window partway, and place your hands on the wheel. 

• If asked, show police your driver’s license, registration, and proof of insurance. 
• If an officer or immigration agent asks to search your car, you can refuse. But if police see or believe your car contains evidence of a crime, they can search it without your consent. 
• Both drivers and passengers have the right to remain silent. If you’re a passenger, you can also ask if you’re free to leave. If yes, you may silently leave.  

If you're asked about your immigration status:

• You have the right to remain silent. You do not have to answer questions about where you were born, whether you’re a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain non-immigrant visas, including tourists and business travelers.) 

• If you’re not a U.S. citizen and have valid immigration papers, you should show them if an immigration agent requests it. 
• Do not lie about your citizenship status or provide fake documents.  

If you're arrested by police:

• Do not resist. 

• If you are arrested, you must truthfully answer an officer’s questions about your name, the address where you live and your birth date if asked. 
• Say you wish to remain silent regarding all other questions and ask for a lawyer. If you can’t afford a lawyer, the government must provide one. 
• Don’t say anything, sign anything, or make any decisions without a lawyer. 
• You have the right to make a local phone call. The police cannot listen if you call a lawyer. 
• Don’t discuss your immigration status with anyone but your lawyer. 
• An immigration officer may visit you in jail. Do not answer questions or sign anything before talking to a lawyer. 
• Read all papers fully. If you don’t understand or cannot read the papers, say you need an interpreter.

If you're taken into immigration (or ICE) custody:

• You have the right to a lawyer, but the government will not provide one. If you don’t have a lawyer, ask for a list of free or low-cost legal services. 

• You have the right to contact your consulate or have an officer inform the consulate of your arrest. 
• Tell the immigration officer you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer. 
• Do not sign anything without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the U.S. 
• Know your immigration number (“A” number) and give it to your family. It will help them locate you. 

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Downloadable PDF (Available in English & Spanish) 

For more information, attend an upcoming webinar or request a KYR presentation. If you feel your rights have been violated, you can seek legal assistance from a variety of organizations, including the ACLU of Texas.