Version 2.2

Know Your Rights Basics

Learn the key rights you and your community members have.

7 min readΒ·Qualified Lesson

Know Your Rights Basics

Observation & Legal Track
Court & Post-Raid Support

Info

These rights apply to everyone in the U.S., regardless of immigration status.

Why This Matters

Knowing your rights reduces harm. In over 70% of wrongful detentions, people didn’t clearly assert legal protections they had. Learn them. Practice them. Teach others.

πŸ“ These are based on U.S. law. Check local laws for any state-specific differences.
πŸ“š Source: ACLU Immigrants’ Rights Project – Detention and Due Process Reports, 2018–2020

Rabbit Hole

πŸ“Š Curious about the data? β†’ Search: β€œACLU immigration detention due process statistics”


Your Core Rights

These are the most important rights to remember during an interaction with ICE or law enforcement:

  • πŸ›‘ You have the right to remain silent.
  • πŸšͺ You do not have to open the door unless they show a judicial warrant signed by a judge.
  • ❌ You have the right to refuse consent to a search of yourself, your phone, your bag, or your vehicle.
  • πŸ“· You have the right to document public encounters, if it’s safe to do so.
  • πŸ—£οΈ You have the right to ask: β€œAm I being detained, or am I free to go?”
  • 🧾 You have the right to an attorney β€” and to not sign anything without one.

Warning

Asserting your rights may not stop harm β€” but it builds a legal record and protects others.


Rabbit Hole

🧠 Want to go deeper? Learn how the right to remain silent was shaped by Miranda v. Arizona. β†’ Search: β€œMiranda rights origin Supreme Court 1966”


What Counts as a Warrant?

βœ… Judicial Warrant

  • Signed by a judge
  • Lists specific name, address, or location
  • Required for ICE to enter a home or any private area
  • Applies to enclosed spaces not accessible to the public

❌ Administrative Warrant

  • Signed by ICE or DHS staff
  • NOT valid for forced entry or arrest
  • You are not required to comply

πŸ“Έ Want to see the difference?
β†’ Search: "I-200 vs judicial warrant image"

Rabbit Hole

πŸ” Public vs. Private Spaces
Know the boundary: sidewalks = public; backyards, private driveways, enclosed porches = private
β†’ Learn more: β€œNILC Know Your Rights Private Areas Guide”


Home, Street, Vehicle, Transit

LocationCan they search without a warrant?What to say
HomeNo β€” must have a judicial warrantβ€œI do not consent to entry.”
StreetNo β€” unless they have probable causeβ€œAm I being detained, or am I free to go?”
VehicleNo β€” unless they have probable causeβ€œI do not consent to a search.”
TransitNo β€” unless a warrant or border powerβ€œWhat law allows you to stop me here?”

⚠️ Some states require ID in β€œStop-and-ID” zones.
β†’ Check this list to see if your state has one.

Rabbit Hole

πŸ—ΊοΈ Explore ID Laws
Find out if your state has a Stop-and-ID requirement.
β†’ Visit: β€œStop-and-ID state laws map Nolo”


How to Assert Your Rights

  • Use clear, respectful language:

    β€œI’m choosing to remain silent.”
    β€œI do not consent to a search.”
    β€œI want to speak with a lawyer.”

  • Never lie or present false documents.

  • Stay calm. Don’t run, argue, or resist physically.

  • Document the encounter if safe β€” or ask someone nearby to.

Important

Never sign anything ICE or police give you without a lawyer present.


Rabbit Hole

🎬 Practice Makes Power
Watch community roleplays of asserting your rights during a stop.
β†’ Search: β€œKnow Your Rights roleplay video CUNY CLEAR”


Protecting Each Other

  • πŸͺͺ Carry a Know Your Rights card (also called Red Cards) in English and Spanish.
    β†’ Can't buy one? Print a free version from ILRC’s KYR Cards or make your own on cardstock.
  • πŸ“± Set up an emergency contact and memorize the number.
  • πŸ“ Log what happened β€” date, time, location, officers, quotes.
  • 🀐 Respect confidentiality. Do not post or share stories, locations, or photos without informed consent β€” even after the danger feels over.

Warning

Confidentiality saves lives. Assume everything is sensitive unless you’re told otherwise.


Rabbit Hole

βœ‚οΈ DIY KYR Tools
Make your own Know Your Rights cards using cardstock and scissors.
β†’ Search: β€œPrintable Red Card immigrant rights ILRC”

Sample Script if Approached at Home

β€œI do not consent to entry. Please slide any warrant under the door. I choose to remain silent and want a lawyer.”


Emergency Contact Drill

  1. Say: β€œI am remaining silent and asking for a lawyer.”
  2. Call: [Write down or memorize a trusted number]
  3. Repeat: β€œI do not consent to a search.”

If needed, write contact info on your arm with sharpie before actions.


Summary

Knowing your rights is only the first step β€” practicing them in community builds power. Review these regularly. Teach your group. Carry tools. Stay calm.

Success

You don’t need to be a lawyer to protect your rights β€” just informed and steady.

πŸ“˜ Knowledge Check

Everyone in the U.S., regardless of immigration status, has constitutional rights.

What kind of warrant must ICE present to enter your home without permission?

Which of the following are rights you can assert during an encounter?

If law enforcement tries to search your bag without probable cause, what should you say?

An administrative warrant gives ICE legal authority to enter your home by force.

What should you do if ICE or police knock on your door without a signed judicial warrant?

How can you legally check whether you’re being detained?

If you are undocumented, you still have the right to remain silent.

What are safe ways to protect yourself and your community?

It’s safer to lie to police than to remain silent.

What does a β€œStop-and-ID” law allow police to do?


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