What Should I Do if Stopped by an Immigration Officer?

An immigration officer approaches you. What should you do? Panic and uncertainty can lead to missteps that jeopardize your rights and legal status. With immigration enforcement efforts increasing, knowing how to respond to these situations is critical.

Understanding what officers can and cannot do, how to comply while protecting yourself, and when to seek legal help can make all the difference. Stay informed and prepared to handle any situation with confidence.

When Do Immigration Officials Stop You?

Immigration checkpoints are typically located near the United States’s borders. As part of border patrol efforts, immigration officers stop vehicles to verify the status of the occupants as they cross the border. Checkpoints can also be placed around areas known for high levels of undocumented migration.

U.S. Customs and Border Patrol (CBP) officers can also stop individuals in public spaces like streets, parks, or shopping centers. This typically happens if officers suspect an individual may be living or working in the U.S. without legal authorization. U.S. Immigration and Customs Enforcement (ICE) officers can approach anyone under these circumstances — there is no specific racial or national profiling.

Officers must have a search warrant or subpoena to approach someone in their home. Without a warrant, the individual can ask the officers to leave their property. However, ICE officers can still enter the property if they reasonably suspect that criminal activity is taking place. ICE may conduct investigations at workplaces to check employees’ immigration status.

Employers must verify workers’ immigration status under the law, and failure to comply can result in penalties. Those working without authorization may be targeted. Although sensitive, ICE agents may conduct operations at religious institutions if they suspect undocumented individuals are present.

After President Trump’s second inauguration, an increased number of ICE raids have taken place. These deportation raids focused on removing individuals who were in the U.S. unlawfully. Raids prioritized individuals with criminal records or those who had final deportation orders. ICE sweeps targeted individuals at home, work, and in public places. These raids increased concerns about racial profiling and constitutional rights violations. Even lawful residents and U.S. citizens faced the risk of being detained if their name or background raised suspicion.

What To Expect During an Immigration Stop

If you are stopped, you should expect the officers to introduce themselves during the initial approach. They should explain their role in enforcing immigration law. They may ask to see identification and immigration-related documents (e.g., passport, green card, visa). Be prepared to answer basic questions about your immigration status, citizenship, or place of birth.

You have the right to remain silent and not answer questions about your immigration status unless you’re legally required to do so. However, expect the office to ask you some common questions:

• Your name, address, and place of birth
• Immigration status
• Document verifying your right to be in the U.S.

What Happens After an Immigration Stop

Once the immigration stop is completed, several possible outcomes exist. The first is being released without detention. If you have valid immigration documents and there are no issues, you may be allowed to leave. The officer might give you a receipt documenting the stop. If you are not detained, you may still be given instructions for follow-up, such as attending an immigration hearing or providing additional documentation to prove your legal status.

You may be detained if you do not have valid documentation or have questions about your status. You will be transported to an immigration detention facility, where your immigration status will be further evaluated. Officers may initiate removal proceedings, which may involve a court hearing. You have the right to request a hearing before an immigration judge to determine your status.

A third possible outcome happens when you are found in violation of U.S. immigration law. The officer may initiate deportation proceedings. Deportation can occur immediately or after a court hearing, depending on your circumstances and any pending legal challenges.

How To Comply With an Immigration Official

Always be respectful and calm when interacting with an immigration and customs enforcement officer. Getting agitated could make the situation more complicated. You need to maintain a balance, being polite and cooperative while protecting your rights. You are not obligated to answer questions that could potentially hurt your legal status. Limit your verbal communication. That way, you can avoid making potentially harmful statements. You also have a right to remain silent.

If officers attempt to arrest you, do not physically resist. Resistance can lead to additional charges, making it more difficult to resolve your situation.

If you are unsure of your rights or what the officer is requesting, ask for clarification. You may request to speak with an attorney before answering further questions. If the officers ask for your documentation, provide it to them. This could be a driver’s license, visa, green card, proof of insurance, or immigration papers. Do not give them false documents in an attempt to hide your immigration status. Ensure that any documents are up to date. Immigration agents may verify your status based on the documents you provide, so expired documents may complicate the process.

How To Disclose Your Status

Be clear about your immigration status: U.S. citizen, lawful permanent resident (green card holder), visa holder, non-citizen, or undocumented. As a U.S. citizen, you are not obligated to show your documents unless requested. Simply provide your citizenship status and offer proof of your U.S. citizenship (e.g., passport or birth certificate). If you are questioned about your citizenship, you have the right to remain silent or ask if you need to answer.

If you are a permanent resident, show your green card to confirm your legal status. You do not need to disclose additional information unless asked directly by an officer. While permanent residents have most of the rights of U.S. citizens, you can still face removal under certain circumstances, such as criminal activity or violations of immigration laws.

Individuals who are in the U.S. on a visa (e.g., student visa, work visa) should present their visa along with any related documentation. Be prepared to answer questions about the purpose of the stay and provide evidence that you are adhering to visa conditions.

Disclosing their status can be complicated for undocumented people. They have the right to remain silent, but doing so can come with legal consequences. Avoid providing false information, as this can make the situation worse. If you are unsure, seek legal advice before making any statements.

What if an Immigration Official Questions Me About Someone Else?

If you are questioned about someone else’s immigration status, stay calm. While it can be stressful and uncomfortable, do not feel pressured to answer. Stay respectful and stick to the facts that you know are true. Avoid giving false information by only sharing what you know to be a true fact.

You are not legally obligated to answer questions about someone else’s immigration status. This includes questions about whether someone is undocumented or in the U.S. without proper documentation. If an officer asks about someone else and you do not want to answer, state your right to remain silent. U.S. citizens, lawful permanent residents, and others have legal protections against being forced to reveal information about another person’s immigration status. Law enforcement or immigration officers cannot compel you to disclose such information unless they have a valid warrant or subpoena or if it is specifically related to your legal proceedings.

Answering questions about someone else’s status can potentially incriminate you, especially if you provide false information or unknowingly make a statement that implicates you in harboring an undocumented person. If you are unsure of what to do, you have the right to ask for legal counsel before answering questions about someone else. An immigration lawyer can guide you on responding to inquiries about someone else’s status and protecting your legal interests.

When Immigration Officials Can Compel Disclosure of Someone Else’s Information

Immigration officials can only compel disclosure of someone else’s immigration status if they have a valid search or arrest warrant or under certain law enforcement procedures. If asked, request to see a warrant or other legal documentation before providing any information.

If you are unable or unwilling to provide information about someone else, the immigration official may escalate the situation, potentially leading to a detainment or arrest. However, refusing to disclose information about someone else’s immigration status (if no law compels you) should not result in a direct legal penalty against you.

Under U.S. law, it is illegal to knowingly assist or harbor undocumented immigrants (e.g., giving false information or hiding someone’s whereabouts). If an immigration officer suspects you are helping someone violating immigration law, they may investigate further or take action against you.

Know Your Rights

If you have immigrated to the United States, consider carrying a Know Your Rights Card. This small card lists all of the information you need about your rights when interacting with immigration agents and law enforcement. It typically outlines immigrants’ rights to remain silent, request legal representation, and refuse consent to a search without a warrant. Keep the card with you always, especially if you’re at risk of an immigration stop. If approached by immigration officers, present the card calmly to inform them that you are aware of your rights.

A search warrant gives law enforcement the authority to search your person, property, or premises for evidence of a crime. It must be signed by a judge or magistrate and should specify the location to be searched and the items being sought. Without a valid search warrant, immigration officers or other law enforcement cannot search your home or personal belongings unless there is an emergency or probable cause.

An arrest warrant is a legal document authorizing law enforcement officers to arrest a specific individual. A judge or magistrate must also sign it and clearly identify the arrested person and the charges or suspicion that prompted the warrant. Similar to search warrants, arrest warrants must be based on probable cause and can only be executed in accordance with the law.

Right to Remain Silent

Under the Fifth Amendment to the U.S. Constitution, you have the right to remain silent during any encounter with law enforcement or immigration officers.

This right protects you from self-incrimination, meaning you do not have to answer questions that could lead to legal consequences. While you have the right to remain silent, refusing to provide basic identifying information, like your name or address, could lead to detention. In some cases, you may be required to provide certain information, like your name or identification, but you do not have to provide more detailed answers about your immigration status or personal information.

Right to an Attorney

The U.S. Constitution guarantees that you can seek legal counsel during any legal proceedings or encounters with the government. If you are detained or arrested, you have the right to contact a lawyer immediately. You can assert your right to legal representation before answering questions.

If detained, you can ask to make a phone call to your attorney or a family member who can contact one on your behalf. It’s advisable to have an attorney’s contact information ready in case immigration officers stop you.

If you don’t have an attorney, many organizations offer legal aid to individuals facing immigration challenges. Organizations like the American Civil Liberties Union (ACLU) or American Immigration Lawyers Association can help individuals secure low-cost legal services. They can also provide guidance on how to secure citizenship status.

Steps To Take if Detained or Arrested

Before any encounter with immigration officers, ensure you have a list of emergency contact information available, including family members, friends, and an attorney. Having a list of phone numbers in your phone or written down can help ensure that, if you are detained, someone can quickly reach out to your attorney or family members on your behalf. Have a plan for what to do if you are detained. This includes who will handle your personal affairs, care for any dependents, and ensure your legal representation is immediately contacted.

If you are detained or arrested, it is crucial that you remain calm and respectful. Pacnicing or acting out will only complicate the situation and potentially make it worse for you. Take deep breaths and avoid making sudden movements. Follow the officer’s directions without doing anything extra.

Politely ask the immigration officers why you are being detained. They are required to inform you of the reason for your detention. Understanding the cause can help you assess whether the detention is legally justified. If you want to remain silent, inform the officers of this intention and respectfully request a lawyer.

Do not physically resist or argue with the officers. Even if you believe the detention is unjust, physical resistance can lead to further complications, including criminal charges. Cooperating without resisting does not mean you are giving up your rights; it simply ensures a safer interaction.

Assert Your Right To Speak With an Attorney

As soon as you are detained, assert your right to speak with an attorney. You are entitled to legal representation under the U.S. Constitution. If you do not have an attorney, inform the officers that you wish to contact one. If you cannot make the call, request that they allow you to contact a legal aid organization that provides immigration services.

When you contact a lawyer, provide them with as much information as possible about your situation. This includes the reason for your detention, any documents or identification you have, and the location where you are being held. Share any details about the officers involved, the time and place of the stop, and what transpired during the interaction. Your attorney can explain the legal procedures you will face, including whether you may be detained, deported, or granted a hearing. They can also advise you on exercising your rights during questioning or hearings.

Resources and Assistance

Encounters with immigration officers can be stressful, but knowing your rights and how to respond can make all the difference. Understanding when and why immigration officials may stop you, what to expect, and how to protect your rights ensures you’re not caught off guard. If you need legal assistance or guidance on immigration matters, contacting a qualified attorney or advocacy group can help you.

Visit the Super Lawyers directory to begin your search for an experienced immigration law attorney. For more information, read our guides on immigration law.