undocumented immigrant
Stopped vs. Detained
In the United States, even undocumented immigrants have constitutional protections. But to use those rights effectively, it’s critical to understand the legal difference between being stopped and being detained — because how you respond can shape what happens next.
1. Being Stopped
A stop is when law enforcement (including ICE) temporarily prevents you from leaving — but hasn’t formally arrested or detained you.
What This Looks Like:
- You’re pulled over while driving.
- ICE or police approach you on the street or at your job.
- They ask for your name, ID, or immigration status.
- They knock at your door and ask to speak with you.
Your Rights During a Stop:
- You have the right to remain silent.
- You do not have to answer questions about your immigration status.
- You can ask: “Am I free to go?”
If they say yes, walk away calmly. - If you’re at home, you do not have to open the door unless they show a warrant signed by a judge.
2. Being Detained
A detention happens when you are not free to leave — either because you’re under arrest or taken into immigration custody.
What This Looks Like:
- You are physically held, handcuffed, or transported.
- ICE or police say you’re being detained or arrested.
- You’re placed in a holding facility or jail.
- You are served with a Notice to Appear (NTA) in immigration court.
Your Rights During Detention:
- You still have the right to remain silent.
- You have the right to speak with a lawyer (though the government is not required to provide one in immigration cases).
- You have the right to a hearing before an immigration judge in most cases.
- You do not have to sign anything, especially “voluntary departure” papers — signing may give up your right to a hearing.
Why This Difference Matters:
Understanding the difference can protect you from self-incrimination or being tricked into waiving your rights. Many undocumented immigrants are pressured during stops and unknowingly say or sign things that fast-track deportation.
What to Say in Either Situation:
Whether stopped or detained, repeat this:
“I am exercising my right to remain silent.
I do not want to answer questions or sign anything without speaking to a lawyer.”
If detained, add:
“I am afraid to return to my country and wish to speak to an immigration judge.”
If Your Rights Are Violated:
- Stay calm and do not resist.
- Write down names, badge numbers, locations, and what happened.
- Contact a legal aid group or immigration attorney as soon as possible.
- You may be able to file a formal civil rights complaint with the Department of Homeland Security (DHS).
- Follow these steps if your rights are violated