U.S. Constitutional Rights
F-1 and J-1 non-immigrant visa holders have certain constitutional rights in the United States when confronted by local or federal authorities. The Illinois Coalition for Immigrant and Refugee Rights (ICIRR) and the American Civil Liberties Union offer resources in a variety of languages that address what rights you have if you are stopped, questioned or arrested by local, state or federal law enforcement officers. These resources are designed for both citizens and non-citizens. These resources are not intended as legal advice, but for informational purposes only. If you have a concern about an interaction with local or federal authorities, please contact your
ISS advisor.
Your Rights When Interacting With Law Enforcement or ICE Officers
Immigration and Customs Enforcement (ICE) has recently announced increased immigration enforcement activity in cities and communities across the United States, including cities that have policies limiting cooperation with federal immigration authorities.
If you encounter ICE or other federal immigration officers while you are traveling or going about your daily activities:
- Stay calm. Do not run away or physically interfere with officers.
- You have the right to remain silent. You generally do not have to answer questions about your immigration status, where you were born, or where you entered the United States.
- You can ask, “Am I free to leave?” If the answer is yes, leave calmly.
- You have the right to speak with an attorney. If you are detained or arrested, tell the officer that you want to speak with a lawyer and do not sign documents or make statements you do not understand.
- Do not sign anything you do not understand. Ask to speak with an attorney before signing immigration documents.
- Do not physically resist an officer. If an officer detains or arrests you, remain calm and clearly state that you wish to remain silent and speak with an attorney.
- If you encounter immigration officers at your home, do not open the door simply because officers ask to enter. Officers generally need a judicial warrant signed by a judge to enter a home without your permission. An ICE administrative warrant is not the same as a judicial warrant.