POLICE OFFICERS ASK ME ABOUT MY IMMIGRATION STATUS

How to reduce the risk for yourself?

  • Stay calm; do not attempt to flee, argue, or resist (even if your rights are being violated).
  • It is crucial to keep your hands visible at all times while interacting with officers.
  • Do not lie about your immigration status or provide false documents.

Your Rights

  • You have the right to remain silent and are not required to reveal your immigration status or citizenship to the police, immigration agents, or other officials. Any information you share with an officer could be used against you in immigration court.
  • If you are NOT a U.S. citizen and an immigration officer requests your immigration documents, you must provide them.
  • You may refuse if an immigration officer tries to search you. They do not have the right to inspect your belongings without your consent or a justified cause.
  • If you are 18 or older, you must carry your immigration documents with you at all times. If you do not have them, you may choose to remain silent or request legal assistance before answering any questions.

What to do in a police encounter

  • If you do not have a citizen visa, an officer may deny you entry to the country if you choose not to answer their questions.
  • In certain states, the law requires that you provide your name to a police officer if requested while you are detained. However, you are not required to answer other questions.
  • If an officer stops you while driving, they may ask for your driver’s license, vehicle registration, and proof of insurance. Even so, you are not required to answer questions about your immigration status.
  • When entering or leaving the country, customs officers may question you about your immigration status. If you are a permanent resident, it is recommended that you answer their questions.

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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