Know Your Rights

Everyone has rights in the U.S. regardless of immigration or citizenship status.

Recursos en español

If you are interacting with ICE or Border Patrol agents in Tucson, AZ, and need witnesses or community presence to ensure your rights are respected, please call 520-221-4077. Everyone has constitutional rights. Members of the Tucson Community Rapid Response network are available 24/7 to support you.

The Know Your Rights information below was organized by the Tucson Community Rapid Response network. This network provides a way for people to respond to fear and anxiety in our community as a result of the increase in immigration enforcement and attacks against immigrant communities. 

Do not open the door if ICE or police come to your house

  • Opening your door gives them consent to come into your house.

ICE and police must have a judicial warrant to enter your house

  • Ask to see their warrant through the window or for them to slide it under the door. An “administrative warrant” (not signed by a judge) is NOT grounds for ICE to come into your home.

Example of an administrative warrant: https://www.ice.gov/sites/default/files/documents/Document/2017/I-200_SAMPLE.PDF

Annotated example of an administrative warrant (in english only):   https://www.ilrc.org/annotated-ice-administrative-warrants-2017

Description of the differences of both (in Spanish): https://www.lupetucson.org/la-diferencia-entre-una-orden-administrativo-de-ice-y-una-orden-judicial/

Ojo! Don’t be fooled by them!

  • ICE agents sometimes trick people into opening the door by pretending to be the police, pretending that they are investigating an identity theft or a car theft case against a person who lives there, or showing a paper that isn’t a warrant.

If ICE enters your house, you always have the right to ask them to leave.

  • Do not answer their questions or consent to a search. Say, “I choose to exercise my right to remain silent. I do not want to answer any questions without an attorney present. I do not consent to a search.”

You have the right to remain silent

  • If the officer questions you, you can say “I choose to exercise my right to remain silent. I will not answer any questions without an attorney present.”

Remain calm and continue to work

Ask “am I free to go?”

  • If they say “yes,” you may slowly drive or walk away. You can also ask your boss if you can leave work.

If asked, you must tell the officer your full legal name

  • Do not reveal your immigration status or your country of origin. Do not show a foreign ID.

You have the right to remain silent

  • If the officer questions you, you can say, “I choose to exercise my right to remain silent. I will not answer any questions without an attorney present.”

If asked, you must tell the officer your full legal name

Do not reveal your immigration status or your country of origin

Do not show a foreign ID

  • If you carry an ID from another country with you, be aware that the police can use it as a reason to call Border Patrol or ICE; and immigration authorities can use it against you in a deportation case.

Ask “am I free to go?”

  • If they say yes, you may slowly drive or walk away.

Do not consent to a search

  • If an officer says they need to search your pockets or search your car, you can say “I do not consent to a search.” If they search you or your vehicle anyways, do not intervene in the search.

Schools cannot require a student to give their Social Security Number

Tucson Police Department officers cannot ask minors about their immigration status unless their parent, guardian, or attorney is present

School Resource Officers (k-12) can never ask a student about their immigration status

  • If a School Resource Officer, school administrator, or police officer is asking you about your immigration status at school, you can ask, “Can I call my parent or guardian?” and say, “I choose to exercise my right to remain silent. I will not answer any questions without an attorney present.”

Immigration authorities can visually inspect your car

They can search any person, the inside of any vehicle, and all passenger belongings

They cannot hold you for an extended time without cause

  • Ask the agents, “am I free to go?” If they say yes, you may slowly drive or walk away.

You can record immigration authorities on private property, in vehicle stops, and at checkpoints, but NOT on government property including Ports of Entry

Do not resist arrest, even if you believe the arrest is unfair

You have the right to remain silent (and you should use it!)

  • If the officer questions you, you can say “I choose to exercise my right to remain silent. I will not answer any questions without an attorney present.” Sometimes officers lie and tell you that answering their questions can help you avoid deportation or criminal charges, and then use what you said against you in court. You should always talk to a lawyer before answering their questions.

You have the right to make a local phone call

  • If you call your family or lawyer give them your A number (if in immigration custody) and your location so they can call you again.

Do not discuss your immigration status with anyone but your lawyer

Do not sign anything without talking to a lawyer

Observers have the right to take photographs of anything plainly visible in a public space

  • This includes police and government officials.

If observers are on private property, the property owner may set rules about taking photographs

  • If you disobey the property owner’s rules, they can order you off their property and have you arrested for trespassing if you do not comply.

Police officers may not confiscate or demand to view your digital photographs or video without a warrant

  • Police may not search your cell phone or camera when they arrest you, unless they get a warrant.

Police may not delete your photographs or video under any circumstances

Download Notifica and feel safer

Notifica is a mobile app designed by United We Dream. It gives immigrants a help button that alerts key contacts if an encounter with law enforcement is about to take place. Alerts are designed to inform family members, legal advocates, and other contacts that the sender may have been detained by deportation agents.

Learn more

FERPA protects students' rights

Under FERPA, undocumented immigrant students' immigration status falls under identifying information and is therefore, protected. If the student's family is also undocumented, the student's family background information is also protected.

Learn more