I HAVE BEEN DETAINED BY THE POLICE OR ICE

How to reduce the risk for yourself?

  • Stay calm and do not try to resist or interfere with the agents or officers.
  • Avoid lying or presenting falsified documents.
  • Be prepared in case of possible detention.
  • Memorize the contact numbers of your relatives and your attorney. It is also advisable to have an emergency plan if you have young children or require medication.

Your Rights

  • You have the right to remain silent. Clearly and loudly state your wish to exercise that right. (In some states, you are required to provide your name if an officer requests it for identification purposes).
  • An officer cannot search your belongings without your permission; however, if the police suspect that you are armed, they may inspect your clothing.
  • If the police arrest you, you have the right to have the government assign you an attorney.
  • If you are detained by ICE, you have the right to legal representation, but the government is not required to provide you with an attorney. You may request a list of free or low-cost attorneys.
  • You are not required to answer questions about your nationality, U.S. citizenship, or how you entered the country. However, these rules may not apply or may vary in places such as airports, international border crossings, or for people with non-immigrant visas, such as tourists or business travelers.

What to do if you are arrested or detained?

  • Clearly state that you wish to exercise your right to remain silent and request an attorney immediately. You do not need to justify your decision and should not sign or state anything without legal advice.
  • If arrested by the police, you may make a local phone call to contact an attorney.
  • If detained by ICE, you have the right to contact your consulate or ask an officer to notify the consulate of your detention.
  • Memorize your immigration number (“A” number) and share it with your family so they can locate you if necessary.
  • Leave a copy of your immigration documents with a trusted person who can keep them safe.
  • If you are not a U.S. citizen, consult your attorney about how a criminal conviction could affect your immigration status. Do not discuss your immigration situation with anyone other than your attorney. If you are detained, an immigration officer may try to interview you. Do not answer questions or sign documents without first consulting your attorney. Be sure to fully read any document you receive. If you have difficulty understanding or reading it, request an interpreter.

If you believe your rights were violated

  • Write down all the details you remember, such as the officers’ badge numbers, the agency they belong to, patrol vehicle numbers, and any other relevant information. If there were witnesses, try to obtain their contact information.
  • If you were injured, seek medical attention as soon as possible and document your injuries with photographs.
  • You have the right to file a written complaint with the agency’s internal affairs division or the civilian complaint board. In some cases, you may do so anonymously.

Related

Karla Navarrete, an attorney with Mexican roots, grew up in National City, CA.She graduated from UCLA and earned her Juris Doctor from Loyola Law School. In 2013, she was sworn in as an attorney in California.

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