Know Your Rights When Dealing with Police and Immigration
All people in Oregon have rights when being stopped by police, no matter their immigration status.
Oregon also has special laws called "sanctuary" laws that make it illegal for police or other local law enforcement to report you to immigration. It's against the law for them to ask you about your immigration status or give your information to federal immigration authorities.
Continue reading this guide to learn about your rights if stopped by police, or if an immigration officer stops you or comes to your home.
For more about Oregon's "sanctuary" laws, go here.
What are my rights if I am stopped by the police?
Stay calm and polite
Keep your hands where the police can see them, and stay calm.
Do not physically resist, even if you feel your rights are being violated.
You can ask to leave
You can say: “Am I free to leave?”
If the officer says yes, then you may walk away calmly.
You have the right to remain silent
You do not have to answer the police's questions.
You can say: "I choose to remain silent."
You do not have to agree to searches
If the police ask to search your belongings or car, you can say no.
You can say: “I do not consent to this search.”
You must have identification if you are driving
If you are driving, you must show your driver’s license, vehicle registration, and proof of insurance.
You do not have to answer other questions.
What are my rights if immigration officers stop me or come to my home?
Stay calm
Oregon’s sanctuary laws protect you by stopping state and local officials from helping immigration authorities, like to Immigration and Customs Enforcement (ICE). But federal law enforcement, including ICE agents, can still make immigration arrests in Oregon.
If immigration agents approach you or come to your home, stay calm.
You do not have to answer any of their questions. You can say: “I want to remain silent and speak to a lawyer."
You do not have to open your door
ICE cannot enter your home without a special document called a "search warrant" signed by a judge.
If they do not have a warrant, you do not have to open your door.
If they say they have a warrant, ask to see it through a window or have them slide it under the door. Make sure it is signed by a judge and not an ICE officer or supervisor.
Do not sign anything without legal advice
ICE may ask you to sign documents agreeing to leave the country voluntarily.
Do not sign anything without talking to a lawyer first.
For more about ICE arrests and deportation cases
For more about what happens after an immigration arrest, see our related articles: