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 you are arrested by police, you have the right to a government-appointed lawyer if you are indigent and the offense can lead to jail or incarceration.
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If you are detained by ICE, you have the right to consult with a lawyer, but the government is not required to provide one for you.
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You can ask for a list of free or low-cost alternatives.
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You do not have to answer questions about where you were born, 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.)
2
What To Do
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In New Hampshire, while an officer “may stop any person whom the officer has reason to suspect is committing, has committed, or is about to commit a crime,” a person does not have to answer these questions, and cannot be arrested solely based on the refusal to provide such information.
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If you are driving and are pulled over, the officer can require you to produce your license, certificate of registration, name, address, date of birth, and the name and address of the owner of such vehicle. But you don’t have to answer questions about your immigration status.
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Customs officers can ask about your immigration status when entering or leaving the country. If you are a lawful permanent resident (LPR) who has maintained your status, you only have to answer questions establishing your identity and permanent residency. Refusal to answer other questions will likely cause delay, but officials may not deny you entry into the United States for failure to answer other questions. If you are a non-citizen visa holder, you may be denied entry into the U.S. if you refuse to answer officers’ questions.
3
I Need a Lawyer
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If you are arrested, you have the right to a private phone call within a reasonable time of your arrest. The police may not listen to the call if it is made to a lawyer.
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If you are detained by ICE or Border Patrol, you have the right to hire a lawyer, but the government does not have to provide one for you. Ask for a list of free or low-cost alternatives.
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If you are detained, you have the right to call a lawyer or your family, and you have the right to be visited by a lawyer in detention.
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You have the right to have your attorney with you at any hearing before an immigration judge.
Here is a list of local immigration attorneys.
If you need more information, contact info@aclu-nh.org.