What Immigrants in NYC Should Do When Stopped by ICE, Police, or Border Agents?

Why It Matters?
For many immigrants living in New York, whether documented or undocumented interacting
with law enforcement can feel confusing or intimidating. But knowing your legal rights when
approached by Border Patrol, ICE agents, or local police can protect you and your family from
serious legal consequences.
This guide outlines what to say, what not to say, and what you’re legally allowed to do during
different types of encounters.
If You’re Stopped by the Police (Street or Traffic Stop)
✅ What You Should Do:

• Stay calm and polite.
• Keep your hands visible.
• You can ask:
  “Am I free to go?”
  o If yes: walk away calmly.
  o If no: you are being detained.
  ❌ What Not to Do:
• Don’t run, resist, or lie.
• Don’t consent to a search unless they have a warrant or probable cause.
  Do I Have to Answer Questions?
• You do not have to answer questions about your immigration status, where you were
  born, or how you entered the U.S.
• You must provide your name in New York if asked by law enforcement.
  If You’re in Criminal or Immigration Court
  Immigration Court:
• You have the right to a lawyer, but the government won’t provide one.
• You can ask for a translator if you don’t speak English.
• Never sign anything unless your lawyer has reviewed it. Criminal Court:
• You have the right to remain silent and the right to an attorney, even if you can’t afford
  one.
• Any statement you make can be used against you in court or immigration proceedings.
  If ICE Comes to Your Home
• You are not required to let them in unless they have a judicial warrant signed by a judge
  (Form I-200 or I-205 are NOT enough).
• Slide it under the door or hold it up to a window.
• Check that it has your name, address, and a judge’s signature.
  ❌ Don’t Sign or Speak Without a Lawyer
• You can say:
  “I do not consent to this search.”
  “I want to speak to my lawyer.”
  If You’re Stopped at the Border or an Airport
  Green Card Holders & Visa Holders
• You must answer basic questions and show your documentation.
• But you still have the right to remain silent on questions not related to entry.
  Phone & Devices
• CBP (Customs & Border Protection) may ask to search your phone.
  You can say:
  “I do not consent to the search.”
  But refusing may lead to delays or device seizure, especially for non-citizens.
  So, do not lie or present fake documents, as this can seriously harm your immigration case or
  lead to criminal charges. Always carry your immigration documents and prepare an emergency
  plan for your family in case of detention.