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Know Your Rights

In the wake of the new administration’s plans of conducting mass deportations, we’ve received a lot of questions about rights and resources for immigrants in Chicago. Below, you can find a summary of information we’ve received from the Illinois Attorney General’s Office, and organizations like the Illinois Coalition for Immigrant and Refugee Rights.

While as a government office we cannot give legal advice, if you have additional questions, we are happy to connect you with organizations that provide legal services. You can find a list of those below!

Know Your Rights

If police or immigration officers come to your home:

ICE is known to go to individuals’ homes to arrest them. They may pretend to be the police or may not initially tell you why they are at your home. 

  • Unless they have a warrant signed by a judge, you do not have to let them in. ICE or police cannot enter your home unless they have a warrant signed by a judge. If you open the door, you are giving them permission to enter your home.
  • If they have a warrant, you have the right to ask to see it before letting them in. In order for a warrant to be valid, it must be 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, ask them to slip it under the door so you can review to see whether it is valid.
    • A valid judicial warrant will be signed by a judge, and will have the name of a state or federal court at the top, e.g. “Supreme Court of the State of Illinois.” An administrative warrant is signed by an ICE officer and may have “U.S. Department of Homeland Security at the top. Administrative warrants do not allow ICE to enter your home. Only a valid judicial warrant allows officers to enter your home.
  • You may ask what agency they represent, and what their purpose is. You can ask officers whether they are immigration agents and why they are there.
  • You have the right to remain silent. If ICE has a valid warrant, they will come in, but you are not required to answer any questions.
  • You have the right to an attorney, and 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.
  • You have the right to ask for an interpreter. You have a right to ask for an interpreter and to have documents translated.
A valid judicial warrant on one side, with the words "United States District Court" on the top and a signature from a judge; on the other side, an administrative warrant, with the words "U.S. Department of Homeland Security" on the top, and no signature.

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

In Illinois and Chicago, the police are prohibited from asking about your immigration status. If you are detained while driving, it will likely be by a police officer, unless you are driving along border states.

  • 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 an 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, do 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 them to show you a warrant signed by a judge through the car window. If an officer forces their way in, do not resist, and remember that you have the right to remain silent.
  • 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.
  • 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.”
  • If you are arrested, you have the right to ask for an attorney. You can say, “I would like to exercise my right to remain silent, and I would like to speak to an immigration attorney.”
  • Do not run or resist arrest.

 If immigration officers come to your workplace:

  • Immigration agents can enter public workplaces, but not private areas unless they have permission or a warrant. 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). However, ICE cannot enter the 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 remain silent.
  • 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.

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, which means you have the right to fight 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: Your family member will be given an A number, which begins with an A and is followed by eight or nine digits, which helps family members locate and track their loved ones via track where th family member transferred to a detention center via visiting ICE Detainee Location.

There are 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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