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25 Jan, 2025
Understanding Your Constitutional Rights in the USA: Essential Guide for Everyone
Know Your Rights Under the U.S. Constitution
No Matter Who is President
Last updated April 2024
Introduction
No matter who is president, everyone living in the U.S. has certain basic rights under the U.S. Constitution. Undocumented immigrants have these rights, too. It is important that we all assert and protect our basic rights.
If you find you have to deal with Immigration and Customs Enforcement (ICE) or other law enforcement officers at home, on the street, or anywhere else, remember that you have the rights described in this factsheet.
Basic Rights
Right to Remain Silent
You have the right to remain silent. You may refuse to speak to immigration officers.
- Don't answer any questions. You may say that you want to remain silent.
- Don't say anything about where you were born or how you entered the U.S.
Right to Refuse Entry
Carry a know-your-rights card and show it if an immigration officer stops you.
- To enter your home, ICE must have a warrant signed by a judge. Do not open your door unless an ICE agent shows you a warrant. If they want to show you a warrant, they can hold it against a window or slide it under the door. The warrant must have your correct name and address.
- You do not need to open the door to talk with an ICE agent.
Right to Legal Representation
- You have the right to speak to a lawyer. You can say: "I need to speak to my attorney."
- You may have your lawyer present during questioning.
- Before signing anything, talk to a lawyer. ICE may try to get you to sign away your rights.
Documentation
- Always carry valid immigration documents (work permit, green card) for identification.
- Do not carry foreign passports or papers from another country — these could be used against you.
- If you are the parent or primary caregiver of a U.S. citizen or permanent resident under age 18, let ICE know. They may exercise discretion and let you go.
Safety Plan
If ICE detains you or may conduct raids in your area:
- Memorize the phone number of a friend, family member, or attorney you can call if arrested.
- Make a plan for the care of your children or dependents if you are detained.
- Keep important documents (birth certificates, immigration documents) in a safe place accessible to a trusted friend or family member.
- Make sure loved ones know how to find you if detained. Use ICE's detainee locator: locator.ice.gov or call the local ICE office: ice.gov/contact/ero.
- Call the EOIR hotline at 1-800-898-7180 (toll-free, 24/7) for your case status.
Report and Document Raids
- If safe to do so, take photos and videos of the raid or arrest and take notes.
- Call United We Dream's hotline to report a raid: 1-844-363-1423
- Send text messages to 877877
Legal Resources
Find Legal Help
- Low-cost legal help: www.immigrationlawhelp.org
- Free legal services list from immigration courts: www.justice.gov/eoir/list-pro-bono-legal-service-providers-map
- Find legal help by zip code: www.immi.org/en/Info/FindLegalHelp
- Immigration lawyer directory: www.ailalawyer.com
- National Immigration Project find-a-lawyer: nipnlg.org/work/find-attorney
Important Numbers
- EOIR Case Status: 1-800-898-7180 (toll-free, 24/7)
- United We Dream Hotline: 1-844-363-1423
- ICE Detainee Locator: locator.ice.gov
Know Your Rights Card
If you are stopped by immigration or the police, hand this card to the officer and remain silent.
To: Immigration or Other Officer
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.
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