The information on this page is general in nature and does not constitute legal advice. Consult an attorney for legal advice. Produced and distributed as a free public service by the American Civil Liberties Union of Pennsylvania Foundation, a non-partisan, nonprofit civil rights advocacy group.
You can find more Know Your Rights immigration resources from other organizations and National ACLU here.
First, always ask police officers or ICE, “Am I free to go?” If they say yes, you have the right to remain silent and leave. If they say no, you are being detained for questioning and possible arrest.
If a police officer says that you are not free to go, say, “I am going to remain silent.” You have the right not to answer any of the officer’s questions. Ask to speak to a lawyer or hand the police officer your attorney’s card.
In Pennsylvania, you do not have to give the police information, such as your name, address, ID, or immigration status. However, if you choose not to show ID or give your name, you may be detained for longer while police try to identify you. For this reason, if you are lawfully present in the United States, you may wish to show your ID or provide your name. But if you do not have lawful immigration status, showing your ID or providing your name may result in detention by immigration authorities.
If ICE says that you are not free to go and asks about your immigration status, you do not have to answer their questions. To exercise your right to remain silent, say, “I am going to remain silent,” and say nothing else. But if you have lawful immigration status and ICE asks for proof of your status (like a green card), you must give it to them if you have it with you.
ICE cannot hold you unless they have reason to believe you are in the country without authorization or have violated an immigration-related criminal law. You do not need to help them figure out your status, and if you do and you are out of status you will likely be detained and put into deportation proceedings.
If police officers or ICE signal you to stop the car, you must pull over. Stay in the car. Do not get out unless the police officer or ICE tell you to do so. Keep your hands in plain sight and don’t make any sudden moves.
You do not have to answer police officer’s or ICE’s questions about your immigration status, nationality, or how you entered the United States. If police officers or ICE ask you any of those questions, exercise your right to remain silent. This includes if a police officer calls ICE on the phone and tells you to speak with them. If this happens, you should only say, “I am going to remain silent.”
If you are the driver, police officers may ask for your name, driver’s license, vehicle registration, and proof of insurance. You must show these documents if you have them. If you do not have these documents, do not give false documents.
If you are the passenger, ask, “Can I go?” If the police officer says yes, you should sit silently or leave (if you are in a place you feel safe). The police may ask for your ID but unless they have reasonable suspicion that you committed a crime, police may not force passengers to provide ID.
If a police officer says that the passenger is not free to go, the passenger should say, “I am going to remain silent” and ask for a lawyer immediately. The passenger has the right not to answer any of the police officers’ questions.
If a police officer asks to search your car, you have a right to say no. You cannot be arrested for refusing to consent to a search. However, if they see evidence of a crime in plain view, (like drugs or drug paraphernalia on a seat), the officer can search without your consent.
To legally pull a car over, ICE is supposed to have reasonable suspicion that someone in the car does not have lawful immigration status.
Remember that ICE does not always wear uniforms that clearly identify themselves. Sometimes they wear vests that say “police.” Ask who they are if you are not sure.
If ICE requests ID and you do not have lawful immigration status, you have a right to decline to provide your ID or answer ICE’s questions. If you choose not to give your ID and ICE believes they have a legal basis to do so, they may continue to detain you to try to determine your identity through a mobile fingerprint machine or other means. Remember, if you want to exercise your right to remain silent, say so.
If you have lawful immigration status and are asked to show proof of your status, show proof of your status (like your green card or work permit if you are here under other programs like TPS, DACA, or parole). But you do not have to answer ICE’s questions.
You do not have to open the door for ICE or police officers unless they have a search warrant or an arrest warrant signed by a judge with your address on it.
You do not need to let ICE or a police officer inside your house or apartment unless they have a search or arrest warrant signed by a judge. If they knock, do not open the door, but ask them to show their ID to be sure they are who they say they are, and to slip the warrant under the door.
ICE typically uses “administrative warrants,” not “judicial warrants.” If ICE has an administrative warrant, you are not required to let them in. You can say, “I do not give you permission to come inside. Please leave.”
But if ICE has a judicial warrant with your address, you must let them in. But a judicial warrant is valid only if it has all of the following elements:
If you are in someone else’s house, you still do not have to open the door unless ICE or the police have a judicial search or arrest warrant with the correct address or name on it.
If ICE enters your home without a valid judicial warrant, say, “I do not consent to you searching my home,” but do not interfere.
If you do not understand the police officer or ICE, you have the right to an interpreter.
Police officers or ICE need either a valid judicial warrant or consent from the employer to enter non-public areas of a worksite or business.
If police or ICE enter your workplace, you still have a right to remain silent and request a lawyer. You do not have to answer questions - including about your nationality, immigration status or how you entered the U.S.
If you feel comfortable discussing with your employer, ask them to designate someone to review any warrant from ICE to ensure it is a valid judicial warrant before letting ICE in and where possible, to post signs designating certain areas of your workplace non-public.
If your workplace has a union, check if they have an agreement with your employer to not permit ICE on the job site without a valid judicial warrant. See the “Your Rights at Home” section of this webpage for more information on how to check if a judicial warrant is valid.
Even if you know and exercise your constitutional rights, police officers or ICE might not honor them. It is never good to use force or physically resist police officers or ICE, even when you know they are wrong. Challenging misconduct cannot be done in the moment. It can only be done through legal and advocacy efforts afterwards.
If you think police or ICE have violated your rights, write everything down as soon as possible, including any identifying information about the officers and their vehicles. If the police or ICE stop you in violation of your rights, tell your lawyer. They may be able to use what happened to you in a defense against your deportation in immigration court. If injured, seek medical attention and take photos.
