Know Your Rights When You are Stopped by Police or I.C.E. in Public.

This is not legal advice. Always discuss any specific concerns with an immigration attorney.

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1. You have the right to remain silent, and should inform the officer that you will not be answering questions without a lawyer present.

You are not required in the state of Minnesota to identify yourself when asked if you are stopped by Police or I.C.E. This is not necessarily the case in other states. Review state statutes if you are making plans to travel outside of Minnesota.

You do not have to answer questions about where you were born, your immigration status or how you entered the country. If you are stopped while driving you must provide a valid driver's license.

Do not lie or provide false information or documents. This is a crime.

2. You do not have to consent to a search of your person, your belongings, or your vehicle.

Clearly state: I do not consent to a search of my person or belongings/vehicle.

3. Ask if you are free to go. If agents tell you yes, calmly leave the area. If agents tell you no, you are being detained.

Continue to exercise your right to remain silent. Do not sign any documents or answer any questions without an attorney present. Do not discuss your immigration status with anyone other than your attorney.

Keep Your Documents with You:

You are not legally required to show any immigration paperwork or identification documents when stopped by Police or I.C.E. However, presenting documents that verify your citizenship, legal status, or to demonstrate

two years of presence in the United States could lead to a quicker release.

According to USCIS: ‘If you are 18 years of age or older, you must always carry your Employment Authorization Document (EAD), Green Card, or other proof of alien registration in the United States with you.’

You must carry the original documents. It is strongly recommended that you make photocopies of the front and back of all of your documents so that you have backups in the event they are lost or stolen.

If you are undocumented and have lived in the United States for over two years, you should keep documents with you that can demonstrate your presence. These can include: Lease or rental documents, utility bills, receipts, tax returns

(only if valid ITIN or Social Security number is used),

birth certificates of children, school records of children, your school records, mail and other documents going back two years with name, geotagged social media posts, date-stamped photos with identifiable U.S. landmarks or locations.

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Arrests:

If you are arrested, law enforcement is allowed to search you and your belongings. You also must truthfully identify yourself to law enforcement and immigration officers if you are arrested.

If you are arrested by Police:

You should be given a local phone call. Contact your attorney or someone you trust and inform them that you are being detained and where you are.

If you do not have an attorney, request options for free and low cost lawyers.

If you are arrested by I.C.E:

Continue to exercise your legal rights, especially your right to remain silent. Request a phone call. Ask for a pen and paper and write down the name and telephone number of the officer assigned to your case.

You can also call the Immigrant Law Center of Minnesota on its Detention Intake line on Mondays from 2-4 PM and Thursday 1-3 PM: 651 641 1011

If you or a loved one has been detained by I.C.E. and are eligible to pay immigration bond, Minnesota Freedom Fund may be able to assist.

You can find a bail request form in Dari and Pashto here:
Dari Immigration Bail Form
Pashto Immigration Bail Form

Free Immigration Legal Assistance:
Contact the Immigrant Law Center of Minnesota at  1-800-223-1368 during the following dates and times:

Monday: 10 a.m. – 1 p.m.
Tuesday: 1 p.m. – 4 p.m.
Wednesday: 10 a.m. – 1 p.m.
Thursday: 3 p.m. – 6 p.m.