Tips For Being Questioned By The Police As An Immigrant
While being stopped or questioned by police as an immigTips For Being Questioned By The Police As An Immigrantrant can be scary and intimidating, knowing a few helpful tips can make the process easier and more calming.
IF YOU ARE STOPPED FOR QUESTIONING Stay calm. Don’t run. Don’t argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them. Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why. You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself. You do not have to consent to a search of yourself or your belongings, but police may “pat down” your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court. IF YOU ARE STOPPED IN YOUR CAR Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel. Upon request, show police your driver’s license, registration and proof of insurance. If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent. Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent. IF YOU ARE QUESTIONED ABOUT YOUR IMMIGRATION STATUS You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.) If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent. Do not lie about your citizenship status or provide fake documents. IF THE POLICE OR IMMIGRATION AGENTS COME TO YOUR HOME If the police or immigration agents come to your home, you do not have to let them in unless they have certain kinds of warrants. Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent. Even if officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.