KNOW YOUR RIGHTS
Resources from
ACLU NEW HAMPSHIRE
What If Law Enforcement Asks About My Immigration Status?
Stay calm.
Don’t run, argue, resist, or obstruct the officer, even if you believe your rights are being violated.
Keep your hands where police can see them.
Don’t lie about your status or provide false documents.
1
Right to Remain Silent
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If the police arrest you, you have the right to a free lawyer if you cannot pay for one and if the charge could lead to jail.
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If ICE detains you, you have the right to talk to a lawyer. But the government does not have to give you a free lawyer.
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You can ask for a list of lawyers who are free or low-cost.
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You do not have to answer questions about where you were born, if you are a U.S. citizen, or how you came into the country. Different rules apply at borders, airports, and for some visitors, like tourists and business travelers.
2
What To Do
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In New Hampshire, a police officer may stop you if they think you may be involved in a crime. You do not have to answer their questions. You cannot be arrested just for refusing to answer their questions.
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If the police stop you while you are driving, you must show your driver’s license and registration. You must also give your name, address, and date of birth. But you do not have to answer questions about your immigration status.
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When you enter or leave the country, border officers may ask about your immigration status. If you are a permanent resident with legal status, you only need to answer questions about who you are and your resident status. If you do not answer other questions, it may cause delays, but they cannot stop you from entering the United States for that reason. If you have a visa and are not a citizen, you may be refused entry if you do not answer their questions.
3
I Need a Lawyer
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If you are arrested, you have the right to make a private phone call soon after your arrest. If you call a lawyer, the police are not allowed to listen to the call.
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If ICE or Border Patrol detains you, you have the right to hire a lawyer. The government does not have to give you a free lawyer. You can ask for a list of lawyers who are free or low-cost.
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If you are being detained, you have the right to call a lawyer or your family. You also have the right to meet with a lawyer where you are being held.