Client Resources

Given current events, we are receiving several questions about how to appropriately interact with law enforcement agents.

There is conversation about the right to remain silent, the right to be shown a judicial warrant, and the application of US Constitutional Protections for non-citizens. Even non-citizens are covered under the US Constitution; however, immigration interactions may be different depending on your current status. Please read on to understand your rights during a law enforcement encounter and an overview of the documentation that establishes immigration status in the United States. 

Your Rights During a Law Enforcement Encounter

During an encounter with a member of law enforcement, consider the following:

  • You are not required to answer questions and you may request an attorney; however, immigration officials may act on their authority to detain. Stay calm and do not run, argue, resist, or fight the officer, even if you believe your rights are being violated or you are being treated unfairly. Keep your hands where the officers can see them and tell them if you need to reach into a glove compartment or for a wallet to show your papers.
  • Do not lie about your status or provide false documents. This is critically important. Lying to an officer, or providing false information or documentation, is an independent ground for deportation from the U.S.   
  • You may ask if the officer is from the police department or an immigration agency. Immigration officers often identify themselves as police but are not technically police officers: ICE operates as a separate federal agency from traditional state or municipal police officers. You may ask if they are from Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP). If they are immigration officers, follow these guidelines below about what information to provide.
    • If you are a US citizen or have lawful immigration status: Show your passport, lawful permanent resident card (“Green Card”), work permit, or other documentation of your status (see section below regarding evidence of immigration status by status type). If you are over the age of 14, you are required by law to carry proof of immigration status on your person at all times.
    • If you are undocumented or have lapsed status: You have the right to remain silent and are not required to discuss your immigration or citizenship status with the police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.
  • If an officer knocks on your door, you are not required to open it. Under the 4th Amendment, officers must have a warrant signed by a judge to enter your home. ICE orders are not signed by judges; they are ICE forms signed by ICE officers and they do not grant authority to enter a home without consent of the occupant(s).

Proof of Proper Immigration Status 

Immigration status in the United States is established through specific forms of documentation, outlined below. Please note that a visa embossed into a passport is not direct evidence of immigration status in the US: 

  • H-1B/L-1/TN/O-1/E-1/2 Work Visa Status: Most recent I-94 Record issued by CBP along with Form I-797 Notice of Approval if applicable and passport
  • F-1 Student: Most recent I-94 Record issued by CBP along with current Form I-20 Certificate of Eligibility and passport
  • J-1 Exchange Visitor: Most recent I-94 Record issued by CBP along with current Form DS-2019 Certificate of Eligibility and passport
  • Adjustment of Status Applicant: Form I-485 Receipt Notice and EAD work permit (if applicable) and passport
  • Asylee or Refugee: I-94 Record Stamped with Asylee or Refugee Admission Stamp plus passport or other government issued identity document such as a driver’s license if you do not possess a passport
  • Lawful Permanent Resident/Green Card Holder: Form I-551 Green Card and passport or I-551 ADIT Stamp within your passport

An encounter with an immigration enforcement agent can be intimidating. It is important to know your rights and to be prepared. If you have specific questions about how to evidence your immigration status, our Immigration Law Group is here to guide you. 

Michael Murray is a shareholder and Chair of the Immigration Law group who advises employers on health care and business immigration strategy, including visa planning, compliance frameworks, and workforce planning to support recruitment, retention, and long-term stability. He can be reached at mmurray@bernsteinshur.com.  

Olivia Shaw is an associate in the Immigration Law group who advises employers on obtaining temporary work authorization and permanent residence for their employees, with particular experience in health care immigration and business immigration strategies. She can be reached at oshaw@bernsteinshur.com.  

Please note that portions of the guidance above were compiled from resources provided by the American Civil Liberties Union (ACLU) of Maine and the National Immigrant Justice Center.