Do non-citizens have rights under the US Constitution?

YES! In the United States, everyone, regardless of their immigration status, has constitutional rights that protect them from unlawful searches, questioning, and detention. It is important that both citizens and noncitizens understand these rights to safeguard themselves.

No matter where law enforcement or immigration officials stop you, you always have the right to:

• Remain silent¹ – You do not have to answer any questions about your immigration status, nationality, or how you entered the U.S.
• Refuse to sign documents – Never sign anything without first speaking with a lawyer.
• Request a lawyer² – You have the right to legal representation, even if you have not yet secured an attorney.
• Record everything³ – If safe, record everything, take photos, and write down details to report potential rights violations.

Understanding and asserting your rights can help protect you and your loved ones from unjust immigration enforcement. Always stay informed and prepared. More information is on our KNOW YOUR RIGHTS webpage.

Your Rights at Home

If Immigration and Customs Enforcement (ICE) agents or law enforcement officials knock on your door, you are not required to open it unless they present a valid search warrant signed by a judge⁴. You can communicate through a closed door or a window to request to see the warrant. An arrest warrant alone does not grant ICE permission to enter your home. If officers enter without consent or a valid search warrant, you have the right to remain silent and not answer any questions.

Inform everyone in your household, including children, not to open the door for ICE agents. If ICE enters your home without legal authorization, do not physically resist;  record the encounter by taking notes, photos, or videos.

Your Rights in Your Car

If you are stopped while driving, law enforcement officers must have reasonable suspicion that a violation or crime has occurred. You should pull over safely, turn off your car, roll down your window slightly, and keep your hands visible. If an officer requests your driver’s license, registration, and proof of insurance, you must provide them if you have them.

Passengers generally do not have to provide identification. If an ICE officer stops you, they must have reasonable suspicion of an immigration violation. If officers claim to have a warrant, you have the right to review it. A search warrant must specify your vehicle and be signed by a judge⁵. An arrest warrant does not permit ICE to search your car.

Your Rights at Work

If ICE comes to your workplace, they generally need either a search warrant or your employer’s consent⁶ to enter non-public areas. If approached by ICE, you can ask whether you are free to leave. If they say yes, leave calmly and quietly. If they say no, do not run or resist, but instead, exercise your right to remain silent.

You do not have to reveal your immigration status or answer any questions⁷. You also do not have to consent to a search of your belongings or provide proof of employment authorization unless required by law. If officers instruct workers to form a line based on immigration status, you have the right to refuse.

This post was co-published by Ellensburg Daily Record Newspaper. Charli Sorenson is the past President of the Kittitas County League of Women Voters. She has served on the LWVKC Board in various capacities since 2017. She has also served on the Ellensburg Affordable Housing Commission, Kittitas County Developmental Disabilities Advisory Committee, and Kittitas County Elections Disability Advisory Committee. She lives in Kittitas County with her long-suffering husband of 47 years

1. Miranda v. Arizona (1966) – This landmark Supreme Court case established the Miranda rights, which include the right to remain silent and the right to an attorney. Any statements made without being informed of these rights may be inadmissible in court. ↩︎
2. Gideon v. Wainwright (1963) – This SCOTUS case guarantees the right to legal counsel, even if a person cannot afford an attorney. While it applies to criminal cases, it affirms the fundamental right to legal representation. ↩︎
3. Glik v. Cunniffe (2011) (First Circuit Court of Appeals, but widely cited) – While not a Supreme Court case, this ruling established that individuals have a First Amendment right to record public officials, including law enforcement, in public spaces. ↩︎
4. Payton v. New York (1980) – The Supreme Court ruled that law enforcement officers cannot enter a home without a warrant signed by a judge, absent exigent circumstances. This case reinforces that ICE and other agencies cannot force their way into a residence without proper legal authorization.
   Florida v. Jardines (2013) – This case reaffirmed that the home is a protected space under the Fourth Amendment, and officers cannot search it without a valid warrant or consent. ↩︎
5. Mapp v. Ohio (1961) – This Supreme Court case established the exclusionary rule, which means that evidence obtained through illegal searches (without a warrant or probable cause) cannot be used in court. Arizona v. Gant (2009) – SCOTUS ruled that law enforcement officers cannot search a vehicle without a warrant unless there is probable cause or an immediate threat to safety ↩︎
6. Almeida-Sanchez v. United States (1973) – The Supreme Court held that warrantless searches by immigration officers violate the Fourth Amendment unless conducted within narrowly defined exceptions, such as at the border. ↩︎
7. Terry v. Ohio (1968) – Officers must have reasonable suspicion to stop and question individuals. This ruling helps protect against arbitrary ICE detentions. United States v. Brignoni-Ponce (1975) – SCOTUS ruled that immigration officers cannot stop vehicles solely based on the driver’s appearance or ethnicity. They must have reasonable suspicion of an immigration violation. ↩︎