Immigrant rights and law enforcement

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Massachusetts Law Reform Insititute
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Every person in the United States has rights. If you are a citizen or an immigrant, or if you are undocumented – you have rights. The constitution protects everyone. Some of your most important rights are the ones you have when you talk to anyone from law enforcement, including Immigration and Customs Enforcement (ICE).

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What are my rights when interacting with immigration officers?
  • You do not have to talk to an immigration officer (ICE) or answer their question. You can tell them that you want to stay silent.
  • You can ask to talk to a lawyer.
  • You can ask if you are free to leave. If the officer says yes, calmly and slowly leave.
  • You can refuse to sign anything before talking to a lawyer.
  • You do not have to open your door for ICE if they do not have a “warrant.” A warrant is a court order, signed by a judge. If ICE knocks on your door:
    • Ask if they have a warrant, ask them to slide it under the door
    • Check if the information is correct. If your name and address are not correct on the warrant, you can ask them to leave.
    • Check if a judge actually signed the warrant. Often ICE uses warrants that are signed by an ICE supervisor. This warrant does not give ICE permission to come into your house.
  • If you are arrested, you have the right to call your family, a lawyer, and your consulate.
What is a "red card"?

"Red cards" can help you tell an immigration officer that you are using your rights. Show the card to the officer or slide it under the door. You can check with a local community-based organization to get a red card. You can also print the information for yourself. It does not have to be on a card, and it does not have to be red.

The Immigrant Legal Resource Center has a “red card” that you can print yourself in nine different languages.

Things to remember if you are stopped by law enforcement or immigration
  • Stay calm.
  • Do not run away.
  • You do not need to answer questions.
  • Do not show fake documents.
  • You do not need to sign anything.
  • Carry your red card and use it.
  • Ask to speak to a lawyer.
  • Ask for an interpreter if you are detained or questioned.
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Immigration - find a lawyer

Be careful of immigration fraud and scams. Check with an organization you trust before you start any immigration process. 

Use the Massachusetts Legal Resource Finder to find free and low cost immigration legal programs.

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