Your Rights as an Immigrant

Below are fact sheets that help explain recent immigration laws in Idaho.

Idaho's New ICE Act: HB 83 Fact Sheet

El Proyecto de Ley de la Cámara 83 (HB 83)

• You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or any other officials. You do not have to answer questions about where you were born, regardless of whether you are a U.S. citizen or how you entered the country. (Separate rules apply at international borders and airports and for individuals on certain nonimmigrant visas, including tourists and business travelers.)
• If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.
• Do not lie about your citizenship status or provide fake documents.

• If the police or immigration agents come to your home, you do not have to let them in unless they have certain kinds of warrants.
• Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent.
• Even if officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.

ICE can only access a non-public area if they have a valid judicial warrant, which should be reviewed and validated by legal counsel before decisions about access are made.

A valid judicial warrant must:

• Be signed by a judge and issued by a court
• Name the location where the agent is permitted to enter
• Name the person being detained.
• Have the correct name and spelling of the person they are searching for

Learn more about Judicial vs. Deportation Orders.

• Do not resist arrest, even if you believe the arrest is unfair.
• Say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. Don't say anything, sign anything or make any decisions without a lawyer.
• You have the right to make a local phone call. The police cannot listen if you call a lawyer.
• Prepare yourself and your family in case you are arrested.
  • Memorize the phone numbers of your family and your lawyer.
  • Make emergency plans if you have children or take medication.

Visit our crisis planning toolkit for immigrants in Idaho.

• Ask your lawyer about the effect of a criminal conviction or plea on your immigration status.
• Don't discuss your immigration status with anyone but your lawyer.
• While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer.
• Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.

• You have the right to a lawyer, but the government does not have to provide one for you. If you do not have a lawyer, ask for a list of free or low-cost legal services.
• You have the right to contact your consulate or have an officer inform the consulate of your arrest.
• Tell the ICE agent you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer.
• Do not sign anything, such as a voluntary departure or stipulated removal, without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the U.S.
• Remember your immigration number ("A" number) and give it to your family. It will help family members locate you.
• Keep a copy of your immigration documents with someone you trust.

Note: Some state laws may vary. Separate rules apply at checkpoints and when entering the U.S. (including at airports).

In direct response to expressed community need, ACLU has joined forces with Brooklyn Defender Services to create and distribute a series of powerful and informative videos based on true stories to provide real life action points for what to do when ICE is outside our doors, is in our homes, stops us in our communities, and/or arrests us.

View in Spanish

Watch all "We Have Rights" videos in multiple languages

Additional Know Your Rights Information

ACLU of Idaho: DACA Information (English and Spanish)

ACLU: Enforcement at the Airport and Border Crossings

ACLU: Interacting with Law Enforcement

ACLU: Recording and Documenting Police and Federal Agents

ACLU of Idaho: What you can do if you or someone you know is bullied or attacked

Additional ACLU Know Your Rights Information

Were Your Rights Violated?

Report a Violation of Your Rights to the ACLU of Idaho

Additional Resources

American Immigration Lawyers Association

American Immigration Council (AIC)

National Lawyers Guild National Immigration Project

Immigrant Legal Resource Center (ILRC)

Federal Government Sites

US Citizenship and Immigration Services (CIS)

We’re excited to share that the ACLU of Idaho is offering free Know Your Rights cards to help empower individuals and communities with crucial information. These cards provide guidance on how to protect your rights during interactions with law enforcement or ICE.

If you’re interested in receiving physical copies use the link below: please fill out this quick form.