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Know Your Rights

Chicago’s Welcoming City ordinance ensures that all Chicagoans can access essential services without fear of deportation. Under the ordinance, city employees—including the Chicago Police Department—are prohibited from inquiring about a person’s immigration status or coordinating with federal immigration enforcement.

But immigration enforcement can still operate in Chicago. In light of the recent immigration enforcement operations targeting Chicago, it’s important to know your rights when confronted with immigration enforcement.

Know Your Rights

Every person in America, regardless of their immigration or legal status, has rights when dealing with law enforcement. Below, you can see guidance from the Illinois Coalition for Immigrants & Refugee Rights (ICIRR) and the State Attorney General’s office on what to do if you encounter ICE.

If you witness ICE activity, please call ICIRR’s hotline at 1-855-HELP-MY-FAMILY (1-855-435-7693).

If you are questioned or otherwise interact with ICE in any location, remember:

  • You have right to remain silent. You have the right to remain silent, and do not have to answer questions about your immigration and citizenship status.
  • Remain calm. The most important thing in any encounter with law enforcement is to remain calm, and keep your hands where they are visible.

If police or immigration officers come to your home:

  • You have the right to refuse entry to your home. ICE or police cannot enter your home unless they have a warrant signed by a judge. Warrants signed by ICE officers have do not give them permission to enter your home. If the officers say they have a warrant, you can ask them to slip it under the door so you can review to see whether it is valid.
  • You have right to remain silent. You have the right to remain silent, and do not have to answer questions about your immigration and citizenship status.
  • You have the right to refuse to sign anything consulting with an attorney. You are allowed to consult with an immigration attorney before making any decisions or signing anything, and can ask to speak with an attorney.
example of a judicial warrant vs. an administrative warrant

If you encounter an immigration or police officer while driving:

In Illinois and Chicago, the police are prohibited from asking about your immigration status.

  • If you are stopped while driving, stop your vehicle and turn on your emergency lights. Slowly lower the window and place your hands in a visible location.
  • If you are the driver, you may be required to show driver license, registration, and proof of insurance upon a police officer’s request. If you are a passenger, you are not required to have license or ID.
  • If you do not have a driver’s license, you should not show false documents.
  • You are not required to open the door unless the officer has a warrant signed by a judge. You have the right to ask the officers to show you a warrant signed by a judge through the car window.
  • Do not resist arrest. If you are arrested, do not resist. Stay calm, and remember that you have the right to remain silent.

If you encounter an immigration or police officer while in a public space:

  • If you are stopped in a public space: You have the right to ask whether you are free to go.  If the answer is yes, you may walk away. If the answer is no, you have the right to remain silent and request to speak with an immigration attorney.
  • If you are stopped at any location, you have the right to remain silent. You are not required to answer any questions related to your immigration status or about your country of origin, and can simply say “I do not want to answer your questions.”
  • Do not run or resist arrest. If you are arrested or detained, do not resist, and remember that you have the right to remain silent.

If you encounter an immigration or police officer at your workplace:

  • Immigration agents can enter public workplaces. If you work in a place open to the public, like a restaurant or car wash, immigration agents may enter the public space of your workplace as they please (i.e. waiting area or lobby).
  • Immigration agents cannot enter private areas unless they have permission or a warrant. ICE cannot enter any non-public space of your workplace (e.g. kitchen) unless they have either a valid warrant signed by a judge or permission from your employer to enter a private area of your workplace. 
  • You have the right to refuse consent to be searched. If agents attempt to search your property, bags, or pockets, you can say aloud “I do not consent to a search.”
  • You are not required to answer questions. If asked about where you were born, your immigration status, or your immigration history, you may choose to remain silent or say, “I do not want to answer your questions.”
  • You do not have to sign anything before consulting with an attorney. You do not have to sign anything, and you have the right to consult with an immigration attorney before making any decisions or signing anything.
  • Do not run or resist arrest. In the event you are detained, stay calm and do not attempt to resist arrest.

If you or a family member are detained by ICE:

Unless there is already an order of removal, you will be placed in removal proceedings. That means you have the right to argue your case in front of an immigration judge.

  • You have the right to an immigration attorney. You can find an immigration attorney via AILA’s Immigration Lawyer Search (ailalawyer.com), or find a public defender by calling 844-817-4448.
  • How to track detained family members: If your family member is detained, they will be given an A number, which begins with an A and is followed by eight or nine digits. Family members can use this number to locate and track their loved ones via ICE Detainee Location.

For support in making an emergency plan for your family in the event that one of both of the parents are detained, see these tips from the Resurrection Project.

If you need support, reach out to the ICIRR Family Support Hotline: 1-855-435-7693. The hotline staff can serve callers in English, Spanish, Polish, and Korean. The hotline can help with:

  • Reporting ICE activity, or how to locate someone in ICE custody;
  • Connecting with an immigration attorney
  • Immigrant Family Support Program (ICIRR’s financial support program)
  • Deferred Action for Childhood Arrivals (DACA)
  • Healthcare resources for immigrants and refugees
  • Public charge updates
  • Workplace rights, issues, or safety for immigrants

There are also a number of free and low-cost immigration and legal services available throughout Chicago. Here are some resources below:

Avoid Immigration Scams

Be cautious of individuals offering legal services or legal advice. Only licensed attorneys can practice law. Common immigration scams involve individuals who claim to be “immigration consultants” or “Notarios” who often lack the legal qualifications to give legal advice.  Fraudulent practices exploit members of immigrant communities by charging unnecessary fees, delaying the immigration process, and can also put people at risk of deportation.

  • Beware of notarios. Notarios in the U.S. are NOT attorneys. 
  • Be wary of anyone who ‘guarantees’ that they can get you a specific benefit, like a visa or green card.
  • Be wary of unexpected fees. Note that there is no fee to download forms. Always request a receipt for any payment made to your attorney or representative.
  • Be wary of signing forms. Never sign blank forms, and keep copies of all forms and documents submitted to the government for your own records.

For more information, see Common Scams | USCIS. If you are a victim of immigration fraud, you can make a report to the following:

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