No Matter Your Immigration Status, You Have Rights. Here’s What You Need to Know.
At Lamb Law, we work with immigrants every day—people who are scared, confused, or unsure about what they can say or do when approached by law enforcement or immigration officers. Whether you are undocumented, a visa holder, a lawful permanent resident, or seeking asylum, you have rights under the U.S. Constitution.
Knowing your rights is one of the most important ways to protect yourself and your family. Below, we’ve outlined key situations where you might encounter police, ICE, or other authorities—and what to do in each.
If you are approached by federal immigration authorities, remember this first: you have the right to remain silent. You don’t have to answer questions about your immigration status, where you were born, or how you entered the country. You may simply say, “I choose to remain silent. I would like to speak with a lawyer.”
You also have the right to refuse a search unless the officer has a valid warrant signed by a judge. If an officer asks to search your home, car, or personal belongings, you can say, “I do not consent to a search.” This is true even if they try to pressure you or suggest that cooperation will help you.
If you are arrested, or if immigration officials detain you, you have the right to speak to an attorney before answering any questions. Do not sign anything you don’t understand—especially if it’s in a language you do not read well. You could be giving up your right to see a judge or agreeing to voluntary departure without realizing it.
Note: In Colorado and some other states, the law may require you to provide identifying information, such as your name, address, and identification document (if you have one with you) to STATE law enforcement officers. You do NOT have to provide any information to federal law enforcement.
You have the right to request asylum if you fear persecution in your home country. You do not need to make your claim at the border only. If detained, you have the right to a credible fear interview and to seek legal representation.
Even with temporary or permanent status, a criminal charge or violation can impact your ability to remain in the U.S. Exercise your rights and speak with an attorney before agreeing to any legal deal or plea.
You are not required to reveal your immigration status. You are protected from unlawful searches and seizures. Keep your plan in place, carry a “Know Your Rights” card, and never carry false documents.
You may still have rights and legal options. Never assume you must leave. Speak to an immigration attorney before making any decision—post-conviction relief or appeals may still be available.
Taking steps to prepare in advance can make all the difference in an emergency. Always keep your attorney’s phone number with you and make sure a trusted friend or family member knows how to access your important documents if you’re detained. It’s also wise to have a plan in place for your children’s care, just in case. Carrying a small “Know Your Rights” card can help you assert your rights clearly and calmly if you are stopped or questioned.
If you believe your rights have been violated by police or immigration officers, don’t stay silent—take action. Write down as much detail as you can, including the date, time, location, names or badge numbers of officers involved, what was said or done, and whether there were any injuries, damage, or witnesses present. This information can be critical when speaking with your attorney. In some cases, a rights violation could influence the outcome of your immigration case or open up new legal options.
At Lamb Law, we don’t just defend cases—we defend people. We fight for citizens and immigrants alike who are detained, stopped, or placed in removal proceedings. Whether you’re afraid of ICE showing up at your door or already in criminal or removal proceedings, we are ready to help you understand your rights, protect your family, and find the legal path forward.
Lamb Law is a Colorado-based immigration and criminal defense law firm serving clients statewide and nationwide. Led by attorney James Stuart Lamb, we provide criminal and removal defense, including assistance with post-conviction relief and immigration appeals. We also provide representation in family-based and other immigration cases.
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