How to reduce risk to yourself

  • Stay calm. Don’t run, argue, or obstruct the officer or agent. Keep your hands raised where they can see them.
  • If you are in a car, pull over in a safe place as quickly as possible. Turn off the engine, turn on the internal light, open the window part way and place your hands on the wheel. Upon request, show police your driver’s license, registration, and proof of insurance.
  • If you are not a U.S. citizen and an immigration agent requests your 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.

Your rights In a car:

  • Drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, calmly leave.
  • If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police generally believe that your car contains evidence of a crime, your car can be searched without your consent.
  • In addition to police, Border Patrol conduct “roving patrols” around 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 crime.
  • Any arrest or prolonged stop by Border Patrol requires probable cause. You may ask the agents about the basis for probable cause, and they should tell you. In this situation, both the driver and any passengers have the right to remain silent and not answer questions about their immigration status.

On an airplane:

  • A pilot may refuse to fly a passenger if he or she reasonably believes that the passenger is a threat to flight safety. A pilot may not, however, question you or refuse to allow 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-fly” list, you should review our guidance on No-Fly lists here.

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 journey. More than one officer usually boards the bus, and they will ask passengers questions about their immigration status, ask passengers to show them immigration documents, or both.
  • These questions should be brief and related to verifying one’s lawful presence in the U.S. You are not required to answer and can simply say you do not wish to do so. As always, you have the right to remain silent.

If you believe your rights were violated

  • Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any other details. Get contact information from witnesses.
  • If you’re injured, seek medical attention immediately and take photographs of your injuries.
  • File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously.

Credit: American Civil Liberties Union