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If you or a loved one encounter immigration enforcement officials, it is essential that you know your rights and have prepared your household for all possible outcomes.

Know Your Rights

  • Ask for a warrant: The Fourth Amendment of the Constitution protects everyone from unreasonable search and seizure. ICE needs a valid warrant signed by a judge to enter your home or search your belongings. You do not have to open the door until you see one. If they are in your home without a warrant, you can ask them to leave and tell them that you do not consent to a search of your home.
  • Your right to remain silent: If you are not free to walk away from ICE agents, the Fifth Amendment protects your right to remain silent and not incriminate yourself. You are not required to share any personal information such as your place of birth, immigration status or criminal history when asked, but you cannot lie or share any false documentation.
  • Always consult an attorney: You do not have to sign anything or hand officials any documents without first speaking to an attorney.

    Make a Plan for ICE Encounters

    • In the event that you encounter immigration officials, make a plan with your family or household in advance and create an emergency caretaking plan for any dependents.
    • Make sure to have copies of your important identification documents on you and store the originals in a safe place and ensure your family knows where they are and have access to them.
    • Write down and memorize emergency contact information, such as that of your family members or a lawyer, and ensure everyone within your household does the same.
    • Memorize your immigration number (A-Number or Alien Registration Number) and share it with your family. If you are detained, this will help your loved ones find you.
    • Familiarize yourself with local officials and keep a signed DHS Privacy Waiver, which will authorize any officials to advocate on your behalf without putting you at risk.
    • If you are denied release after being arrested for an immigration violation, ask for a bond hearing before an immigration judge.

    If You Believe Your Rights Were Violated

    • Write down everything you remember, including badge numbers and patrol car numbers, what agency the officers were from and contact information for witnesses.
    • If you’re injured, seek medical attention immediately and document your injuries.
    • File a written complaint with the agency’s internal affairs division or civilian complaint board. 

    Free or Inexpensive Legal Resources

    • The New York City Office of Civil Justice and the Mayor’s Office of Immigrant Affairs (MOIA) support a variety of free immigration legal services through local nonprofit legal organizations. To access these resources, dial 311 and say “Action NYC,” call the MOIA Immigration Legal Support Hotline at 800-354-0365 Monday through Friday from 9:00 a.m. to 6:00 p.m. or visit MOIA’s website.
    • The U.S. Department of Justice provides a list of pro-bono legal service providers on their website. 
    • The Immigration Advocates Network maintains a directory of national immigration legal services that has many resources specifically for New York residents.