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Know your rights

You have rights that are protected under the Constitution, regardless of your immigration status.

Know Your Rights

You have rights that are protected under the Constitution, regardless of your immigration status. 

Family Preparedness

It is essential for all immigrant families to have an emergency preparedness plan to ensure readiness in the event of an urgent situation.

Resources

Learn about resources in your community.

Know Your Rights

General

You have the right to remain silent.

  • If you come in contact with immigration officials, you can state “I wish to remain silent.” In Colorado, you are just required to state your name and date of birth when speaking to police and federal immigration agents. You do not have to discuss your immigration status with the police, immigration agents, or other officials.

You have the right to refuse consent to searches.

  • Under the Fourth Amendment, undocumented immigrants are protected from unreasonable searches and seizures by the government. ICE cannot enter a home without a warrant signed by a judge.

You have the right to refuse to sign anything.

  • You have the right to refuse to sign anything without first speaking to your attorney. Signing forms, like a voluntary departure form or removal order, waives certain legal rights and could prevent you from contesting your removal in the future. ALWAYS. speak to your attorney first.

All children have the right to an education.

  • All children, regardless of their immigration status, have the right to a public education in the United States. This right is guaranteed by the U.S. Supreme Court ruling in Plyler v. Doe (1982), which held that denying a free public education to children based on their immigration status is a violation of the 14th Amendment’s Equal Protection Clause.

Other tips: 

  • Do not carry false documents.
  • Do not provide false information and do not lie about your status. Again, you do not have to discuss your status with immigration officials. Speak to your attorney first.
  • Never interfere with a search, even if you do not give your consent.
  • Do not carry papers from another country with you, such as a foreign passport. Such papers could be used against you in the deportation process.
  • If you are in a raid, write down what happened in detail as soon as possible and as soon as it is safe to do so. Call the Colorado Rapid Response Network (CORRN) to report a raid at +1 (844) 864-8341.
  • You have the right to speak to your immigration attorney and make a phone call if you are detained.

At Home

Step 1: Do not open the door. 

Step 2: Ask to see a warrant 

  • Ask officers to slide the warrant under the door or to put it up to the window. Again, do not open the door.
  • NOTE: Under the Fourth Amendment, undocumented immigrants are protected from unreasonable searches and seizures by the government. ICE cannot enter a home without a warrant signed by a judge.

Step 3: Is the warrant valid? 

  • Remember: a valid warrant is signed by a judge, has your name, your address, and the correct date.

 

If the warrant is not valid, ask them to leave. 

  • If they do not have a valid warrant, they do not have the right to enter your home. If they are persisting, or after they leave, make sure you call your local rapid response hotline. Make sure to make notes of what happened and any documents that they may have shown you.

 

If the warrant is valid, remain calm and remain silent. Do not resist. 

  • You have a right to remain silent. You are only obligated to state your name and date of birth. You must also state “I wish to remain silent.” Do not discuss your immigration status.
  • Do not sign anything. Do not sign anything without first speaking with your immigration attorney. Note: Signing a document without legal advice could lead to unintended consequences during the immigration process.
  • Document what happened and call your local rapid response hotline. Always have someone–or yourself–write down, in detail, what occurred. Includes the types of officers, any plate numbers, types of vehicles, etc. Always report all suspected ICE activity to your local hotline. In Colorado, call the Colorado Rapid Response Network (CORRN): +1 (844) 864-8341.

 

Note: The same applies for apartment complexes. A landlord can allow ICE into the hallways and the building, but NOT into your apartment.

While Driving

Step 1: Pull the car over and turn off. 

  • Put your hands on the steering wheel where an officer can see them.

Step 2: Provide driving documents. 

  • Provide your license, registration and proof of insurance upon request. If you do not have a license or registration, do not provide false documents or lie. You can tell the officer you do not have them or that you wish to remain silent.

Step 3: Ask to see a warrant. 

  • If the officer says that they have a warrant, you can ask for one. If officers have a search warrant, it should specify the exact car to be searched and must be signed by a judge. If an ICE officer has an arrest warrant, they can arrest the person listed on the warrant. If they only have an arrest warrant and not a search warrant, you can still refuse to be searched.

Step 4: Is the warrant valid?

  • Remember: a valid warrant is signed by a judge and includes your name, address, and the correct date. ICE may claim they have a “warrant,” but often, they’re referring to administrative warrants, which are different from judicial warrants.

 

If the warrant is not valid, ask them to leave. 

  • If they say yes, leave. If they say no, ask what their probable cause is and remain silent. If they ask you to step out of the car, step out, and continue to remain silent.

 

If the warrant is valid, remain calm and remain silent. Do not resist. 

    • If they ask you to step out of the car, step out. 
  • You have a right to remain silent. You are only obligated to state your name and date of birth. You must also state “I wish to remain silent.” Do not discuss your immigration status.
  • Do not sign anything. Do not sign anything without first speaking with your immigration attorney.
  • Document what happened and call your local rapid response hotline. 

 

Note: If you are a passenger, you can ask if you are free to leave. If the officer says yes, calmly leave. If not, follow the same steps. Passengers have a right to record the interaction, if they feel safe to do so.

Protests and Demonstrations

Step 1: Create a safety plan. 

  • Tell a trusted person that you will be attending a protest. Memorize their phone number and/or carry a paper that lists their phone number, alongside other resources (your immigration attorney’s phone number, non-profit organizations that provide legal support, etc.). Do not carry papers from another country with you, such as a foreign passport. If you take your cell phone, turn off Face ID unlock features, location tracking, bluetooth, and Wi-Fi. Try to leave your phone at home, if safe to do so. Know the route and emergency exits.

Step 2: Ask “Am I free to leave?” 

  • If you are stopped, ask the officer if you are free to leave. If they say yes, leave. If they say no, ask what their probable cause is and remain silent. If they still detain you, stay calm. Do not resist. If you are searched, state “I do not consent to this search.”

 

If they say yes, walk away slowly. 

If they say no, ask what their probable cause is. 

    • Ask the immigration officer to explain the probable cause for detaining you.
  • You have a right to remain silent. You are only obligated to state your name and date of birth. You must also state “I wish to remain silent.” Do not discuss your immigration status. If you are searched, state “I do not consent to this search.”
  • Do not sign anything. Do not sign anything without first speaking with your immigration attorney.
  • Document what happened and call your local rapid response hotline. 

Note: Avoid posting photos online of your participation in protests.Do not provide false information and do not lie about your status. Again, you do not have to discuss your status with immigration officials. Speak to your attorney first. 

Family Preparedness

It is essential for all immigrant families to have an emergency preparedness plan to ensure readiness in the event of an urgent situation. While we do not know what lies ahead, being prepared and proactive is the most effective way to respond to potential emergencies.

Community Preparedness Toolkit: Creating an Emergency Plan for Your Family, Friends, and Community

This packet provides information for families who want to be prepared and have a plan in case of an immigration-related emergency. This packet is not legal advice and is for educational purposes only. The information in this packet also does not establish a lawyer-client relationship. The recommendations and forms in this packet may not be appropriate for your situation. We recommend that you consult with an attorney to ensure that your legal documents are appropriate for your individual circumstances. We do not guarantee that these forms will be legally binding. This packet was developed for use within Colorado, therefore some of the information may not apply elsewhere.

Resources

Report ICE activity: 

Healing justice and mental health resources: