Know Your Rights: Immigrants’ Participation in Protests

The First Amendment to the U.S. Constitution prohibits the government from restricting your right to free speech. This means that you have a right to participate in political protests, marches, and demonstrations. The First Amendment also protects freedom of the press (among other rights). These rights apply to everyone in the U.S., regardless of immigration status. However, courts are not consistent in vindicating the First Amendment rights of immigrants. People who are undocumented therefore should plan carefully, because they cannot rely on the courts to protect their First Amendment rights.

The First Amendment also prohibits the government from retaliating against you for exercising your rights to free speech and protest. However, in its first term, Trump administration arrested immigrant leaders, activists, and students to retaliate against them for speaking out against its immigration policies. Therefore, if you’re concerned about your immigration status, you should think carefully about the risks, create a safety plan, and maybe consult with a trusted immigration lawyer when deciding whether to participate in high-profile protest actions.

Under the Fifth Amendment, you have the right to remain silent and refuse to answer questions asked by law enforcement, which includes police officers and immigration agents. If a law enforcement officer or agent begins to question you, your response should be, “I know my right to remain silent, and I choose to exercise it.”

The Fourth Amendment protects you against unreasonable searches and seizures. You do not have to consent to a search of yourself or your belongings. If law enforcement asks to search you or your belongings, you should reply only to clearly refuse consent, by saying, “I do not consent to this search.” Note that an officer may ask indirectly, by telling you to do something that, if you comply, could be interpreted as your consenting to the search. Keep this in mind if, for example, an officer says to you, “Empty your pockets,” or asks you questions about your possessions such as, “What’s inside your bag?”

If you are arrested or detained, you have the right to contact an attorney. You can simply say, “I need to speak with my attorney.”

You should have (1) contact information for an attorney readily available and (2) a plan in place to meet any childcare or other needs. If you are attending the protest with others, create a plan for keeping each other safe.

• These resources should include information about bail fund assistance programs and organizations that provide legal support.
• You should have (1) contact information for an attorney readily available and (2) a plan in place to meet any childcare or other needs. If you are attending the protest with others, create a plan for keeping each other safe.

If available, have the contact information of the organizers or other local support networks.

If you need to take a phone to the protest, you should turn off its facial and fingerprint recognition systems so your device can be accessed only by a lock code. This reduces the likelihood of law enforcement accessing your phone’s contents without your consent.

Certain messaging applications, such as Signal encrypt your messages and make it more difficult for others to intercept message exchanges. Messaging applications such as WhatsApp and Messenger are not fully encrypted and it’s best not to use them.

Law enforcement, including immigration agents, can monitor your social media accounts and use any online postings against you.

While you may take photos and videos while in public, the law in different states varies as to whether the content of any videos you take in public is considered private and whether you can be required to surrender such content to law enforcement.

You can say that you are exercising your right to remain silent. Do not provide any false information.

Walk away if the answer is yes. Do not walk away without asking. If the answer is no, you are detained and should not answer any questions. Ask to speak with a lawyer and do not sign any documents or volunteer any information.

If you are being patted down, clearly state that you are not consenting to the officer searching you or your belongings.

Do not sign anything without speaking with a lawyer first. Always make sure that you understand the document. Ask for a translated copy if you do not read English.

Do not use force or resist arrest, even if you think your rights are being violated. Instead, document all the facts from the incident and contact an attorney to assess any legal options available to you.

Do not plead to a charge against you in court unless you have spoken with a lawyer and understand the immigration consequences of your plea. Tell your criminal defense attorney your immigration status, so that they can adequately advise you on any potential consequences of a conviction or plea.

Know in advance whether your state has that requirement, or whether you can remain silent. If you must identify yourself, you may present a state-issued identification document or another form of documentation issued in the U.S.

You are not required to disclose your immigration status, country of origin, date of birth, date of entry into the U.S., or any other immigration-related information. Exercise your right to remain silent.

Documents you carry that are issued by countries other than the U.S. can be used to prove that you are not a U.S. citizen. If you are detained and are carrying a passport or other identity document issued by a country other than the U.S., you can exercise your right to remain silent and not answer any questions until you have an attorney present.

• • NOTE: Undocumented immigrants who have been in the U.S. less than two years should be aware of a new policy, effective January 21, 2025, that expands “expedited removal “(a process that allows ICE to deport you without a hearing). Keep this in mind when you decide which documents to carry with you and which to leave at home. We suggest you learn more about your rights with respect to expanded expedited removal and related best practices with respect to carrying certain documents. Consult with an immigration attorney if you’re concerned this policy may affect you.

Federal law requires lawful permanent residents to carry evidence of their lawful permanent residence status, or “green card.”