what happens if i want to file a complaint against someone and they have a warrant out for them
Regardless of your immigration status, you have guaranteed rights under the Constitution. Learn more hither almost your rights as an immigrant, and how to express them.
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Law enforcement asks about my immigration condition
How to reduce risk to yourself
- Stay at-home. Don't run, fence, resist, or obstruct the officer, even if you lot believe your rights are existence violated. Proceed your hands where police can run into them.
- Don't lie about your status or provide false documents.
Your rights
- You have the correct to remain silent and exercise not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you tell an officeholder tin afterward be used confronting you lot in immigration court.
- If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if yous have them with yous.
- If an clearing amanuensis asks if they can search you, you have the right to say no. Agents exercise non accept the right to search you or your holding without your consent or probable cause.
- If y'all're over xviii, carry your papers with you at all times. If you don't have them, tell the officer that you want to remain silent, or that you want to consult a lawyer earlier answering any questions.
What to exercise in such an encounter
- In some states, you must provide your name to law enforcement if you lot are stopped and told to identify yourself. But even if you give your name, you don't have to answer other questions.
- If you are driving and are pulled over, the officer can require y'all to show your license, vehicle registration and proof of insurance, but you don't accept to answer questions about your clearing status.
- Customs officers can inquire near your immigration status when inbound or leaving the land. If you are a lawful permanent resident (LPR) who has maintained your status, you only take to answer questions establishing your identity and permanent residency. Refusal to answer other questions volition likely cause filibuster, just officials may not deny y'all entry into the United States for failure to answer other questions. If you are a not-denizen visa holder, y'all may be denied entry into the U.S. if you refuse to answer officers' questions.
Additional resources
- If you need more information, contact your local ACLU chapter.
- National Immigration Police force Center: Know Your Rights
- A Toolkit for Organizations Responding to Mass Worksite Immigration Raids
- Immigrant Legal Resource Center
- American Immigration Lawyers Association
- ACLU VIDEO: What to do if stopped by police or Ice
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I've been stopped by police or ICE
How to reduce risk to yourself
- Stay at-home and do non resist or obstruct the agents or officers.
- Do not lie or give simulated documents.
- Prepare yourself and your family in case you are arrested. Memorize the telephone numbers of your family unit and your lawyer. Brand emergency plans if you lot have children or take medication.
Your rights
- Y'all have the right to remain silent. If you wish to practice that right, say so out loud. (In some states, you lot may be required to provide your proper name if asked to place yourself.)
- Yous do not take to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon.
- If you are arrested by police, you lot have the right to a government-appointed lawyer.
- If you are detained by ICE, you lot have the right to consult with a lawyer, but the government is not required to provide 1 for y'all. Y'all tin inquire for a listing of free or low-toll alternatives.
- Y'all do non have to reply questions about where you were born, whether you are a U.S. citizen, or how you entered the state. (Split rules utilise at international borders and airports, and for individuals on sure nonimmigrant visas, including tourists and business travelers.)
What to do if yous are arrested or detained
- Say you wish to remain silent and ask for a lawyer immediately. Don't requite whatsoever explanations or excuses. Don't say anything, sign anything, or make any decisions without a lawyer.
- If you have been arrested by police, yous have the right to make a local phone call. The police cannot listen if y'all call a lawyer.
- If you have been detained by ICE, you take the right to contact your consulate or accept an officer inform the consulate of your detention.
- Recall your immigration number ("A" number) and give it to your family. It will assistance family members locate you.
- Keep a re-create of your immigration documents with someone you trust.
- If y'all are a non-citizen: Ask your lawyer nearly the consequence of a criminal conviction or plea on your immigration status. Don't discuss your immigration status with anyone simply your lawyer. While y'all are in jail, an clearing amanuensis may visit you. Do not answer questions or sign anything before talking to a lawyer. Read all papers fully. If you do non empathise or cannot read the papers, tell the officeholder yous demand an interpreter.
If yous believe your rights were violated
- Write down everything yous retrieve, including officers' badges and patrol motorcar numbers, which agency the officers were from, and any other details. Get contact data for witnesses.
- If you're injured, seek medical attending immediately and take photographs of your injuries.
- File a written complaint with the agency's internal diplomacy division or noncombatant complaint board. In almost cases, you can file a complaint anonymously if you wish.
Additional resources
- If yous need more data, contact your local ACLU affiliate.
- National Immigration Police Center: Know Your Rights
- A Toolkit for Organizations Responding to Mass Worksite Immigration Raids
- Immigrant Legal Resource Eye
- American Immigration Lawyers Association
- ACLU VIDEO: What to practice if stopped past constabulary or ICE
In other languages
- (Arabic) العَرَبِيَّة
- فارسی (Persian)
- Español (Castilian)
- (Urdu) اُردُو
Police or ICE are at my abode
How to reduce take a chance to yourself
- Stay calm and go on the door closed. Opening the door does non give them permission to come within, but it is safer to speak to ICE through the door.
Your rights
- You lot have the right to remain silent, even if officeholder has a warrant.
- You practice not take to let law or immigration agents into your home unless they take certain kinds of warrants.
- If police have an arrest warrant, they are legally immune to enter the home of the person on the warrant if they believe that person is inside. Simply a warrant of removal/deportation (Form I-205) does not permit officers to enter a home without consent.
What to practice when the law or Ice get in
- Ask if they are immigration agents and what they are there for.
- Inquire the agent or officeholder to prove yous a badge or identification through the window or peephole.
- Ask if they have a warrant signed by a judge. If they say they do, ask them to slide information technology under the door or agree it up to a window and so you lot can inspect information technology.
- Don't prevarication or produce any false documents. Don't sign anything without speaking with a lawyer get-go.
- Practice non open your door unless Water ice shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address. If they don't produce a warrant, go on the door airtight. State: "I do not consent to your entry."
- If agents strength their mode in, do not resist. If yous wish to practice your rights, country: "I exercise not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible."
- If you are on probation with a search condition, law enforcement is allowed to enter your domicile.
Additional resources
- If you demand more than information, contact your local ACLU chapter.
- National Immigration Law Center: Know Your Rights
- A Toolkit for Organizations Responding to Mass Worksite Immigration Raids
- Immigrant Legal Resources Center
- American Immigration Lawyers Association
I demand a lawyer
Your rights
- If you lot are arrested past the police, you lot accept the correct to a government-appointed lawyer, and should inquire for one immediately.
- If arrested, you have the right to a private telephone call within a reasonable time of your arrest, and constabulary may non mind to the call if it is made to a lawyer.
- If you are detained by ICE or Border Patrol, you accept the correct to hire a lawyer, just the government does not have to provide one for you. Inquire for a listing of gratis or low-cost alternatives.
- If you are detained, y'all have the correct to call a lawyer or your family unit, and y'all take the right to be visited by a lawyer in detention. You accept the correct to have your attorney with you lot at whatever hearing earlier an immigration judge.
Additional resources
- If you need more information, contact your local ACLU affiliate.
- Here is a list of contact data for legal organizations that assistance immigrants.
I've been detained nearly the edge past Edge Patrol
How to reduce chance to yourself
- Stay calm when interacting with immigration officials. Do not lie or provide false documents.
- Never abscond from an immigration checkpoint.
Your rights
- You accept the right to remain silent. You can as well tell the agent that you'll just respond questions in the presence of an attorney, no affair your citizenship or immigration status.
- You do non have to answer questions virtually your immigration status. A limited exception exists for people who have permission to be in the U.South. for a specific reason and for a limited corporeality of time (a "nonimmigrant" on a visa, for example). These individuals are required to provide information most their immigration status if asked.
- Generally, a Border Patrol agent cannot detain you unless they take "reasonable suspicion" that you are committing or committed a violation of immigration law or federal law.
- An immigration officeholder cannot arrest you without "probable cause." That means the amanuensis must take facts most you that make information technology probable that you are committing, or committed, a violation of clearing law or federal law.
- At immigration checkpoints, agents exercise not demand any suspicion to stop you and enquire you questions, only their questions should be brief and related to verifying immigration condition. They can also visually audit your vehicle.
What to look
- People who have entered the U.Due south. without inspection by an immigration official may exist subject to expedited removal from the U.Southward. based on certain criteria. If you lot are told that yous are subject to expedited removal, ask for the stated reason. Too, if you fright persecution if returned to your country of origin, you should immediately inform the agents of your fear.
- At border crossings, federal regime do not demand a warrant or fifty-fifty suspicion of wrongdoing to justify conducting what courts have called a "routine search," such equally searching luggage or a vehicle.
- If an agent asks you for documents, what y'all need to provide differs depending on your immigration status. U.S. citizens do not have to carry proof of citizenship if they are in the U.S. If you have valid immigration documents and are over the age of xviii, the law requires that yous to carry those documents with you. If y'all are asked by an immigration amanuensis to produce them, show them to the agent. If you are an immigrant without documents, you can decline the officer'south asking, although an amanuensis may so ask you more questions.
Additional resources
- If you lot need more than information, contact your local ACLU affiliate.
- National Clearing Law Center: Know Your Rights
- A Toolkit for Organizations Responding to Mass Worksite Immigration Raids
- Immigrant Legal Resources Middle
- American Immigration Lawyers Association
I was stopped by police, Ice, or Border Patrol while in transit
How to reduce chance to yourself
- Stay calm. Don't run, debate, or obstruct the officer or agent. Keep your easily raised where they tin can see them.
- If you are in a car, pull over in a safe place equally quickly equally possible. Turn off the engine, turn on the internal lite, open the window function style and place your easily on the wheel. Upon asking, show police your driver's license, registration, and proof of insurance.
- If you are non a U.Due south. denizen and an immigration agent requests your papers, y'all must evidence them if you lot take them with you. If you are over 18, carry your immigration documents with you at all times. If you do not accept immigration papers, say you want to remain silent.
Your rights
In a car:
- Drivers and passengers accept the right to remain silent. If you are a rider, you tin enquire if you lot are costless to go out. If the officer says yes, calmly leave.
- If an officer or immigration amanuensis asks to look within your car, you tin refuse to consent to the search. But if police generally believe that your car contains bear witness of a criminal offense, your machine tin be searched without your consent.
- In addition to police, Edge Patrol conduct "roving patrols" effectually the interior of the U.S., pulling over motorists. Border Patrol must have reasonable suspicion that the driver or passengers in the car committed an immigration violation or a federal offense.
- Whatever abort or prolonged stop by Border Patrol requires likely cause. You may enquire the agents well-nigh the basis for probable cause, and they should tell you. In this situation, both the driver and any passengers have the correct to remain silent and not answer questions about their immigration status.
On an airplane:
- A airplane pilot may turn down to fly a passenger if he or she reasonably believes that the passenger is a threat to flying safety. A pilot may non, however, question you or refuse to let you on a flight because of bias based on your religion, race, national origin, gender, ethnicity, or political beliefs.
- If you believe you are mistakenly on a "no-wing" listing, you should review our guidance on No-Fly lists hither.
On buses and trains:
- Border Patrol agents may board buses and trains in the 100-mile border region either at the station or while the bus is on its journeying. More than one officer unremarkably boards the bus, and they will ask passengers questions almost their immigration condition, ask passengers to show them immigration documents, or both.
- These questions should be cursory and related to verifying one's lawful presence in the U.S. You are not required to respond and can simply say you do not wish to do and then. As ever, you have the right to remain silent.
If you believe your rights were violated
- Write down everything you remember, including officers' badges and patrol automobile numbers, which agency the officers were from, and whatsoever other details. Get contact information from witnesses.
- If y'all're injured, seek medical attending immediately and take photographs of your injuries.
- File a written complaint with the bureau's internal affairs partitioning or civilian complaint board. In most cases, you tin can file a complaint anonymously.
Additional resources
- If you need more than information, contact your local ACLU affiliate.
- National Immigration Law Center: Know Your Rights
- A Toolkit for Organizations Responding to Mass Worksite Immigration Raids
- Immigrant Legal Resources Middle
- American Immigration Lawyers Association
I am detained while my clearing case is underway
I've been arrested and demand to challenge a deportation order
Your rights
- Y'all have the right to a hearing to challenge a deportation society, unless you waive your right to a hearing, sign something called a "Stipulated Removal Order," or take "voluntary deviation."
- You take the right to an attorney, but the government does not have to provide one for you. Ask for a listing of costless or low-price alternatives. If you take no lawyer, ask the court to permit you time to notice one.
What to do if you are arrested
- If y'all are told that you lot do not have the correct to see an immigration gauge, you should speak with a lawyer immediately. There are some cases in which a person might not have a right to see an immigration approximate. Simply even if you are told that is your situation, you should ask to speak to a lawyer immediately because Immigration officers volition not always know or tell you about exceptions might apply to you.
- If you fearfulness persecution or torture in your abode country, tell an officeholder and contact a lawyer immediately. You take additional rights if y'all take this fright.
Boosted resources
- If you need more information, contact your local ACLU chapter.
- National Immigration Law Middle: Know Your Rights
- A Toolkit for Organizations Responding to Mass Worksite Immigration Raids
- Immigrant Legal Resource Heart
- American Clearing Lawyers Association
Source: https://www.aclu.org/know-your-rights/immigrants-rights/
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