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If You Encounter ICE Know Your Rights

All people in the United States, INCLUDING UNDOCUMENTED IMMIGRANTS, have Constitutional rights and protections. Neither immigration nor the police will assume you want to exercise your rights. You are in charge of asserting them by telling officers you are exercising your rights.

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WHAT TO DO IF ICE STOPS YOU IN PUBLIC

  • YOU SHOULD ASK IF YOU ARE FREE TO LEAVE.
    If ICE approaches you in public, you may ask if you are free to leave.
    If the answer is 'YES': calmly, slowly, and quietly walk away. Do not run or speak.
    If they say 'NO':·do not walk or run away. Stay where you are.
  • YOU HAVE THE RIGHT TO REFUSE A SEARCH.
    You do not have to consent to a search of yourself or your belongings. State clearly that you do not consent. Refusing consent may not stop the officer. An officer may pat you down above your clothes if they suspect, for example, you have weapons or drugs in your possession, If the officer proceeds to pat you down or conduct a full search, stay calm, do not resist the inspection, and keep your hands where the officer can see them. Stating your objection preserves your rights. Thereafter, the officer cannot arrest you without a warrant or proof you have committed a crime.
  • YOU HAVE THE RIGHT TO REMAIN SILENT.
    You do not have to answer any questions without the presence of your legal representative. Indiana’s law states that you have to give your name to an officer if they ask (including ICE). Tell the officer you are exercising your right to remain silent. If you must speak, only say that you would like to speak to your legal representative before answering questions.
  • YOU HAVE THE RIGHT TO SPEAK TO A LAWYER.
    If the officer tells you that you cannot walk away, you have been detained. You should ask to speak to a lawyer and then remain silent. You have the right to speak to a legal representative. It is okay if you have not hired a legal representative; you still have the right to consult with one.
  • REMEMBER

    • Only provide your identification when the law requires you to do so.
    • Do not tell the officer your country of nationality.
    • Do not answer questions.
    • Do not sign paperwork.
    • Do not carry false documents.
    • Do not physically interfere with the search.