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What Are Your Rights If Undocumented & Immigration And Customs Enforcement (ICE) Stops You On The Street?

What Are Your Rights If Undocumented & Immigration and Customs Enforcement (ICE) Stops You on the Street?

All people living in the United States, including undocumented immigrants, have certain U.S. Constitutional rights. If you are undocumented and ICE officers stop you on the street, or in a public place, know you have the following rights:

1. You have the right to remain silent.

  • a. You may ask if you are free to leave. If the officer says no, you may exercise your right to remain silent.
  • b. If you choose to remain silent, say so out loud.
  • c. If you are asked where you were born or how you entered the United States, you may remain silent.

2. You have the right to refuse to show any identity documents that say what country you are from.

  • a. Do not show any false documents.
  • b. Do not lie.

3. You may refuse a search.
If you are stopped for questioning, but are not arrested:

  • a. You do not have to consent to a search of yourself or your belongings.
  • b. You must allow the officer to “pat down” your clothes if he or she suspects you have a weapon.

4. You have the right to speak to a lawyer

  • a. If you are detained or taken into custody, you have the right to immediately contact your lawyer.
  • b. If you do not have a lawyer, you may ask for a list of pro bono lawyers.
  • c. You may refuse to sign any paperwork until you have had the opportunity to speak to a lawyer.

If you want more information about your rights or learn if you might be eligible for immigration benefits or relief, contact the Law Offices of Azita M. Mojarad, P.C. by e-mailing or calling 312.641-0771.

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