KNOW YOUR RIGHTS

A guide from La Esperanza

For more than 27 years, La Esperanza has stood with immigrant families in Sussex County. If you are worried about an encounter with police or immigration officers, you are not alone. This page explains your rights in plain language, so you can feel more prepared.
Everyone in the United States (U.S.) has rights, no matter their immigration status. Knowing these rights ahead of time can help you stay calm and make safe choices.

This page gives general information. It is not legal advice. Every case is different. If you have questions about your immigration case, or if a loved one has been detained (held by police or immigration officers), contact us today. If we can’t help, we have a network of professionals who can.

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“I choose to remain silent.”

“I want to speak with a lawyer.”

“Am I free to go?”

“Am I being detained?”

“I do not consent to this search.”

“Please slide the warrant under the door.”

“I do not consent to your entry.”

Stay calm

Do not run, argue, resist, or interfere with officers, even if you believe they are acting unfairly. Keep your hands where officers can see them.

You have the right to remain silent

You do not have to answer questions about:

  • Where you were born
  • Your immigration status
  • How you entered the United States
  • Your criminal history

What to say

“I choose to remain silent.”

Blue circular badge with a white check mark signaling success or completion. You can ask for a lawyer

You may ask to speak with a lawyer before you answer questions or sign anything.

What to say

“I want to speak with a lawyer.”

Do not sign any document unless you understand what it says and have spoken with a lawyer. Some documents can affect your right to see a judge or continue your immigration case.

What to carry with you

It helps to carry documents that show who you are, such as:

  • A valid work permit or green card
  • A state ID card

  What not to carry

Do not carry:

  • Fake or false documents
  • Documents from your home country, such as a foreign passport, unless a lawyer has told you to carry them

 Do not show false documents

Never lie about your immigration status. Never show false documents. This can make your situation worse.

Short answer

Do not open the door unless officers show a valid judicial warrant (a warrant signed by a judge).

Green circle with a white check mark, indicating success/approval What to do

  • Stay inside and speak through the closed door.
  • Ask officers to slide the warrant under the door or hold it up to a window.
  • Do not open the door to look at the warrant. Opening the door may make the situation more difficult.

Green circle with a white check mark, indicating success/approval How to check the warrant

A valid judicial warrant should:

  • Be signed by a judge or magistrate (a type of judge)
  • Include the correct name and address
  • Clearly describe the place to be searched or the person to be arrested
  • An ICE warrant, also called an administrative warrant, is different from a judicial warrant. An ICE warrant does not give officers permission to enter your home without your consent.
What to say

“Please slide the warrant under the door.”
 What to say

“I do not consent to your entry.”
 What to say

“I choose to remain silent.”
 What to say

“I want to speak with a lawyer.”

Short answer

Stay calm. Do not run. Ask if you are free to go.

Green circle with a white check mark, indicating success/approval What to do

Keep your hands visible and stay calm. You may ask:

“Am I free to go?”

If the officer says yes, calmly walk away.

If the officer says no, you may ask:

“Am I being detained?”

If you are being detained, you still have the right to remain silent.

What to say

“I choose to remain silent.”

What to say

“I want to speak with a lawyer.”

Red circular button with a white X to close or dismiss What not to answer

You do not have to answer questions about:

  • Your immigration status
  • Your nationality
  • Where you were born
  • How you entered the United States
  • Your criminal history. Do not lie.

Do not show false documents.

Short answer

You can say that you do not consent to a search.

Green circle with a white check mark, indicating success/approval What to do

If an officer asks to search you, your bag, your phone, your car, or your belongings, you have the right to say no. Say it clearly and calmly. Do not physically resist.
What to say

“I do not consent to this search.”
 What to say

I choose to remain silent.”
 What to say

“I want to speak with a lawyer.”

Warning symbol: red circular badge with a white exclamation mark in the center What to remember

If officers search you anyway, do not argue or resist. Try to remember what happened and write it down later.

Short answer

Stay calm. The driver may need to show a license, registration, and proof of insurance. You do not have to answer questions about your immigration status.

Green circle with a white check mark, indicating success/approval What to do

Pull over safely. Turn off the car. Keep your hands visible. If it is dark, turn on the inside light.

The driver may be asked to show:

  • Driver’s license
  • Vehicle registration
  • Proof of insurance

Before reaching for documents, tell the officer what you are about to do.
What to say

“I am going to reach for my documents.”
 What to say

“I choose to remain silent.”
 What to say

“I do not want to answer questions about my immigration status.”
 What to say

“I want to speak with a lawyer.”

Warning symbol: red circular badge with a white exclamation mark in the center What to remember

Do not lie. Do not show false documents. You do not have to answer questions about:

  • Where you were born
  • Your immigration status
  • How you entered the United States

Short answer

Ask for a lawyer. Do not sign anything you do not understand.

Green circle with a white check mark, indicating success/approval What to do

Ask to speak with a lawyer before you answer questions or sign papers. You may also ask to contact:

  • Your family
  • Your lawyer
  • Your consulate (your home country’s local office, which can help its citizens)
What to say

“I choose to remain silent.”
 What to say

“I want to speak with a lawyer.”
 What to say

“I will not sign anything until I speak with a lawyer.”

Warning symbol: red circular badge with a white exclamation mark in the center What family members should write down

If a loved one is detained, try to collect:

  • The person’s full name
  • Date of birth
  • A-number, if they have one (a number the government uses to identify them)
  • Where and when they were detained
  • The agency involved
  • Any officer names or badge numbers
  • Any documents the family received
  • Names and contact information for witnesses

Short answer

Green card holders have important rights, but some situations can affect your status.

Green circle with a white check mark, indicating success/approval What to know

Lawful permanent residents, also called green card holders, generally have permission to live and work legally in the United States (U.S.). They may qualify for certain public benefits (government programs like food or healthcare assistance) and may travel within the United States and abroad.

However, some criminal convictions or long trips outside the United States can affect your permanent resident status.

Do not sign any document giving up your green card or permanent resident status without speaking to a lawyer.

Only an immigration judge can order a lawful permanent resident removed from the United States (U.S.).

Short answer

If you are the main caregiver of a child who is a United States (U.S.) citizen or permanent resident, immigration officials may consider your role as a parent during detention or a deportation case.

Green circle with a white check mark, indicating success/approval What to do

  • Tell the officer that you are the primary caregiver of a United States (U.S.) citizen or permanent resident child.
  • Keep proof of your child’s citizenship or status, and proof that you are their caregiver, with your emergency documents.
  • Contact La Esperanza or a trusted legal service provider to learn about your specific options as a parent.

Short answer

You can help by staying safe and calmly gathering information, without putting yourself at risk.

Green circle with a white check mark, indicating success/approval What to do

  • Keep a safe distance. Do not interfere.
  • If it is safe to do so, write down or record what you see and hear.
  • Get the names and contact information of other witnesses, if possible.
  • Report what you saw to a trusted organization, such as the United We Dream Hotline.

Green circle with a white check mark, indicating success/approval What to remember

Do not put yourself in danger to gather information. Your safety comes first.

Green circle with a white check mark, indicating success/approval It is helpful to prepare before there is an emergency.

Keep important information in a safe place, including:

  • Immigration documents
  • Important phone numbers
  • Lawyer or legal service provider contact information
  • Medical information
  • School and child care information
  • Emergency contacts
  • A plan for who can pick up children, or help family members if someone is detained

It also helps to register with your local consulate, and to ask a lawyer about signing a power of attorney so a trusted person can act on your behalf in an emergency.

Make sure trusted family members know where to find these items.

Want a full, step-by-step plan?

See our Emergency Plan Checklist, a companion guide you can print and follow.

DOWNLOAD EMERGENCY PLAN CHECKLIST

Print this wallet card, cut it out along the dashed line, and carry it with you. If you are ever stopped by police or immigration officers, you can hand the card to the officer and stay silent while they read it.

“Right now I am choosing to exercise my legal rights. I will remain silent, and I refuse to answer your questions. If I am detained, I have the right to contact an attorney immediately. I refuse to sign anything without advice from an attorney. Thank you.”
DOWNLOAD KNOW YOUR RIGHTS CARD

Helpful Resources

These organizations can also help you learn more or get support:

United We Dream Hotline: 1-844-363-1423
Free legal help finder: immigrationlawhelp.org
EOIR immigration case status: 1-800-898-7180
ICE detainee locator: locator.ice.gov

Need Help?

La Esperanza provides trusted immigration legal services and community support. If you have questions about your rights, your immigration case, or what to do after an encounter with immigration officials, contact La Esperanza to request support.

Phone: (302) 854-9262
Email: info@laesperanza.org
Web: laesperanzacenter.org