What To Know If You're an Immigrant Stopped by Police in Oregon

Getting stopped by the police can be anything from inconvenient to scary, depending on your situation. If you are an immigrant in Oregon, you may be worried about whether your immigration status will make things worse. You may also wonder about your rights.

All people in Oregon have rights when dealing with police, no matter their immigration status. 

Police in Oregon cannot stop you or investigate you for immigration issues, but federal immigration officers can. For information on your rights when stopped by immigration officers, see this article.

Your rights when dealing with police:

1. You can ask to leave. You can say, “Am I free to leave?” If the officer says yes, then you may walk away calmly.
2. You have the right to remain silent. You do not have to answer the police officer's questions. You can say, "I choose to remain silent."
3. Police cannot ask you about your immigration status. If you are in Oregon, you do not have to tell local police, sheriff's deputies, or jail staff your immigration information or where you were born.
   • Because of Oregon's "sanctuary" laws, it is illegal for local law enforcement to ask you about this information or report you to immigration officials.
   • If they ask, you can remain silent or say you don't want to answer. 
   • Learn more about Oregon's sanctuary laws here.
4. You do not have to agree to searches. If the police ask to search your belongings, your home, or vehicle, you can say, “I do not consent to this search."
5. If police ask to come in to your home, you do not have to let them. 
   • Police are allowed to enter and search your home if they have a special legal paper called a warrant. 
   • They may also come into your home in certain emergency situations (if they can see from where they stand evidence of a crime or believe that someone inside might be in danger). 
   • But if a police officer asks your permission to come into your house, you do not have to let them in.

It is up to you to ask for your rights to be respected. Police may not tell you your rights, and they may even ignore your rights when searching or arresting you. It is important to announce your rights anyway. If you are charged with a crime, your lawyer may be able to get the charges dismissed if your rights were violated. 

If you are stopped by police: 

• The most important thing is to stay calm and try to be polite. 
• Keep your hands where the police can see them.
• Do not run or physically resist, even if you think your rights are being violated.

If you are stopped while driving:

• You must show your driver's license, vehicle registration, and proof of insurance.
• You do not have to answer other questions if you don't want to.
• If they ask to search your car, you can say no. If they search anyway, do not try to stop them. But you can repeat that you do not give them permission to search your car.

If you are arrested:

• Say you wish to remain silent and ask for a lawyer immediately.
• You have the right to talk to a lawyer, and if you can't afford to pay for one, the government must get you one.
• In Oregon, jail staff cannot ask you about your immigration status and you do not have to tell them where you were born.
• They also may not give your information to immigration authorities like Immigration and Customs Enforcement (ICE), or help ICE find or arrest you.
• Criminal records are public in Oregon, so ICE can still see information about you from arrest reports and court records.

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