For many immigrants and their families, the possibility of being stopped or detained by immigration officers can feel overwhelming. Fear and confusion are natural reactions. However, knowing your rights — and preparing in advance — can make a significant difference.
No matter your immigration status, you have legal rights in the United States. Understanding those rights can help you protect yourself and your loved ones.
This article provides general information, not legal advice. Every situation is different. If you have questions about your specific case, it is important to speak with an immigration attorney.
1. First, Know This: You Have the Right to Remain Silent
If you are stopped by immigration officers or other law enforcement:
- You do not have to answer questions about where you were born or your immigration status.
- You can say:
“I am using my right to remain silent.” - If you are not under arrest, you can ask:
“Am I free to leave?”
If they say yes, you may calmly walk away.
Do not run. Do not resist. Stay calm.
Remaining silent is not the same as being uncooperative. It is your legal right.
2. What Documents Should You Carry?
What you carry depends on your immigration status.
If You Have Valid Immigration Status
If you are a lawful permanent resident (green card holder), have asylum or refugee status, a valid visa, or Temporary Protected Status (TPS):
- You are required by law to carry proof of your status.
- If asked, you should show your valid immigration document.
If You Have a Pending Case
If you:
- Applied for asylum,
- Have a case in immigration court,
- Filed an appeal, or
- Have another application pending,
Carry copies of documents that prove your case is open. If arrested, show these documents.
If you are not being arrested, you may remain silent.
If You Do Not Have Current Status
If you do not currently have lawful status but have lived in the U.S. for at least two years, carry proof of your residence, such as:
- A lease agreement
- School or church records
- Mail addressed to you with postmarked dates
- Other documents showing your name, U.S. address, and date
If arrested, this proof may help prevent “fast-track” deportation without seeing a judge.
Important: Do not carry foreign passports or documents that show your country of birth unless you are required to carry them because of your status.
3. If You Are Stopped in Public (Street, Work, or Other Locations)
If immigration officers approach you in public:
- Stay calm.
- Do not run.
- You may record the interaction.
- Ask what agency they are from.
- Say clearly:
“I am using my right to remain silent.” - Ask if you are free to leave.
You do not have to answer questions about your immigration history if you choose not to.
Practicing these phrases ahead of time can help you stay calm if the situation happens.
4. If Immigration Comes to Your Home
Your home has strong legal protections.
You Do Not Have to Open the Door
Immigration officers cannot enter your home without a valid judicial warrant signed by a judge.
You can:
- Speak through the door.
- Ask them to slide the warrant under the door.
- Keep the door closed and locked.
Not All Warrants Are Valid for Entry
A valid judicial warrant must:
- Be issued by a U.S. District Court or state court.
- Be signed by a judge (not an immigration officer).
- List your name or address.
Administrative immigration warrants (often DHS forms) do not allow officers to enter your home without your permission.
You may say:
“You do not have permission to enter without a valid judicial warrant.”
If officers force entry, do not resist. State clearly:
“I do not consent to this search. I am using my right to remain silent. I want to speak to a lawyer.”
5. If You Are Arrested or Detained
If you are detained by immigration:
You have the right to:
- Remain silent
- Call a lawyer
- Receive visits from your lawyer
- Contact your consulate
- Ask for a bond hearing (in many cases)
Important: Do Not Sign Anything Without a Lawyer
You may be asked to sign documents such as:
- A waiver
- A stipulated removal order
- A voluntary departure agreement
Signing these could mean giving up your right to see a judge or speak to an attorney. Do not sign anything without legal advice or without having it read to you in your own language.
If You Fear Returning to Your Home Country
Say it clearly and repeatedly:
“I am afraid to return to my home country.”
This is extremely important. If you do not express fear as to your safety if returned to your home country, you could be deported without seeing a judge.
6. If You Want to Fight Deportation
You have the right to hire a lawyer, but the government does not provide one for free.
You may be eligible to apply for:
- Asylum
- Cancellation of removal
- Other forms of protection
Immigration law is complex. Small details — including prior arrests, family ties, or how long you have lived in the U.S. — can significantly affect your case.
If you already have a final deportation order, time is critical. You may need to request a stay of removal or reopen your case.
7. Make a Safety Plan Now
Preparation is one of the most important steps you can take.
Consider:
- Memorizing important phone numbers.
- Keeping important documents in a safe place.
- Making a childcare plan if you are a parent.
- Ensuring a trusted person knows your A-number (if you have one).
- Speaking with an immigration attorney before any emergency happens.
It is much easier to prepare in advance than to respond during a crisis.
A Final Word: You Do Not Have to Face This Alone
Encounters with immigration authorities can be frightening and confusing. Knowing your rights is empowering — but applying them correctly in your individual situation requires careful legal guidance. If you or a loved one are concerned about detention, deportation, or an ongoing immigration case, consider speaking with an experienced immigration attorney from Odunlami Law. Our attorneys can evaluate your specific circumstances and help you understand your options.
At Odunlami Law, we understand how deeply immigration issues affect families, careers, and futures. We are committed to providing compassionate, personalized guidance to help you move forward with clarity and confidence. If you would like to discuss your situation in a confidential consultation, we invite you to contact our office to learn how we may be able to assist you.
Your future matters. Preparation today can protect tomorrow.
