Know-your-rights

Know Your Rights

When the government arrests or tries to arrest someone, or when a government official or law enforcement officer “just wants to talk,” every person in the United States has certain basic rights. These rights apply to citizens and noncitizens alike. Be familiar with your rights, and help protect others by informing them of their rights.

YOUR BASIC RIGHTS

If any government official (identifying themselves as a police officer, FBI agent, or immigration agent like ICE or CBP) wishes to engage you in conversation, all persons, citizens and noncitizens, have the constitutional right to remain silent and request a lawyer.

    • Anything you say to a police officer or other government official can be used against you.
    • If one of these officials wishes to ask you any questions, even if it is about a suspected crime, you have the right to tell the officer: “I wish to remain silent; I want to speak to a lawyer.”
    • You do not have to say anything else, and do not sign anything.

Some officers may be insistent, even after you tell them you wish to remain silent. Do not say anything until you have spoken to a lawyer.

If the police, FBI, or Immigration agents come to your home, you have the right to refuse them entry, unless they produce a warrant signed by a judge.

  • They must have a judicial warrant (an official court document, which generally has a specific court designation and is signed by a judge). If they do not, you do not have to let them into your home.
  • You have the right to not open the door, unless they show you a judicial warrant with your name.
  • You have the right to say “I do not consent to you entering my home. I do not want to talk to you until I have spoken to a lawyer.”
  • If you give them permission, they may enter legally. If you open the door and wave them in, you are probably giving permission.
  • You should tell them that you do not want to speak with them, that they do not have permission to enter your home, and that if they leave a phone number, your lawyer will call them.

Your skin color, accent, or the language you speak are not lawful reasons for an immigration agent or any other officer to question, detain, threaten, or arrest you.

  • Your skin color or language do not legally justify a presumption that you are not a U.S. citizen.
  • You do not have to speak to an immigration agent, hand over documents, or consent to a search, and if you do, they will usually claim later that you did so voluntarily.
  • If you answer their questions, including questions about where you were born, that may give them a “reasonable suspicion” that you are not a U.S. citizen

You have the right to speak to an attorney

before answering any questions, consenting to a search, or handing over or signing any documents (you should NEVER sign documents without first speaking to an immigration attorney).

  • The safest thing to do is to say you do not want to talk, ask to speak with your lawyer, and remain silent.
  • It is a crime to lie to a federal official or other law enforcement officer about anything. It is much safer to say that you do not want to talk, and then remain silent until you contact a lawyer.

If you are accused of something that makes you deportable and you are placed in deportation proceedings, you have the right to a hearing with an Immigration Judge and the right to have an attorney represent you at that hearing and in any interview with an immigration agency.

  • However, in most situations, there is no right to a government-paid lawyer, as there is in criminal proceedings. Insist on a hearing with an Immigration Judge, especially if you are detained.
  • Unless you have already gone through a whole proceeding and already have a final, unappealed, deportation order, an immigration agent cannot just grab you and take you to deport you. You do get a day in court. Don’t sign anything that gives it up.

If you are being questioned by a police officer or an FBI or immigration agent about your immigration status or about a suspected crime, tell the officer you wish to contact a lawyer.

If you are being questioned by the police, FBI, ICE, or CBP about your immigration status or a suspected crime, tell the officer you wish to contact a lawyer.

NORTHWEST IMMIGRANT RIGHTS PROJECT OFFICES

Granger Office

121 Sunnyside Ave., Ste. 146 P.O. Box 270 Granger, WA 98932 509-854-2100 509-854-1500 fax

Seattle Office

615 2nd Ave., Ste. 400 Seattle, WA 98104 206-587-4009 206-587-4025 fax

Wenatchee Office

620 N. Emerson Ave., Ste. 201 Wenatchee, WA 98801 509-570-0054 509-765-9714 fax

Tacoma Office

2209 N. Pearl Street, Ste. 200 Tacoma, WA 98406 253-383-0519 / 877-814-6444 (For those detained in Tacoma, Northwest Detention Center) 206-816-3893 (Non-detained Hotline)

MORE RESOURCES

Washington Immigrant Solidarity Network (WAISN)
Hotline to Report Immigration Activity – 1-844-724-3737
Text Alert – Text JOIN to 253-201-2833 for immigration activity across Washington State

CLEAR Hotline – Referrals for civil legal needs

Outside of King County – 1-888-201-1014 (Mon – Fri, 9:15 a.m. – 12:15 p.m.)
In King County – Dial 211 (Mon – Fri, 8:00 a.m. – 6:00 p.m.)

ACLU’s Know Your Rights in 7 languages: https://www.wehaverights.us/

Department of Public Defense (DPD) in King County
24-hour Hotline – 206-447-8899

Human Rights Commission
To report discrimination – 1-800-233-3247

Seattle Office of Civil Rights
206-263-2446

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