Updated October 2025
Written below is an online version of our latest KYR booklet.
Whether or not you’re a U.S. citizen, you have legal rights under the United States Constitution*
The Fifth Amendment gives every person the right to remain silent: not to answer questions asked by a police officer or government agent.
The Fourth Amendment restricts the government’s power to enter and search your home or workplace, although there are many exceptions and new laws have expanded the government’s power to conduct surveillance.
The First Amendment protects your right to speak freely and to advocate for social change.
However, if you are a non-U.S. citizen, the Department of Homeland Security may target you based on your political activities.
But beware: Just because you have legal rights does not mean the government will respect them. In fact, law enforcement will generally trample over your rights, hence why these guides are needed. Asserting your rights might not prevent an arrest or police violence, but it might beat a criminal case or allow you to sue the government. Hence, when making choices, it is better to know your risks than only the rights themselves.
*You likely have equal or higher rights under you state’s constitution. This booklet will focus on U.S. constitutional rights only.
The government’s crusade against politically-active people is intended to disrupt and suppress the exercise of time-honored free speech activities, such as boycotts, protests, grassroots organizing and solidarity work. Remember that you have the right to stand up to the intimidation tactics of FBI agents and other law enforcement officials who, with political motives, are targeting organizing and free speech activities. Informed resistance to these tactics and steadfast defense of your and others’ rights can bring positive results. Each person who takes a courageous stand makes future resistance to government oppression easier for all.
The National Lawyers Guild (NLG or Guild) has a long tradition of standing up to government repression. The FBI labeled the Guild as “subversive” during the McCarthy Era and was subject to FBI surveillance and infiltration for many years. Guild attorneys have defended FBI-targeted members of the Black Panther Party, the American Indian Movement, and the Puerto Rican independence movement. The NLG exposed FBI surveillance, infiltration and disruption tactics that were detailed during the 1975-76 COINTELPRO hearings. In 1989, the NLG prevailed in a lawsuit on behalf of several activist organizations, including the Guild, that forced the FBI to expose the extent to which it had been spying on social movements. Under the settlement, the FBI turned over roughly 400,000 of its files on the Guild, which are available at the Tamiment Library at New York University.
What if an agent or police officer comes to the door?
Do not invite the cops into your home. Do not answer any questions. Tell the cop that you do not wish to talk with them. Ask that they leave their business card or contact information. You can state that your lawyer will contact them on your behalf. They should cease questioning after this. If the cop gives a reason for contacting you, take notes and give the information to your attorney. Anything you say, no matter how seemingly harmless or insignificant, will be used against you or others in the future. Lying to or misleading a cop may be a crime. The more you speak, the more opportunity for cops to find something you said (even if not intentionally) false and assert that you lied.
If the cops claim they have a valied warrant, ask them to slip it under the door, through a mail slot, or hold it up to a window. It is safer if you do not open the door. If you decide to step outside, the cops could create a way to get inside your home once you open the door. If it is safe to do so, you can record the interaction to capture exactly what happened.
Do I have to answer questions?
You have the constitutional right to remain silent. It is not a crime to refuse to answer questions. You do not have to talk to anyone, even if you have been arrested or are in jail. You should proactively and clearly state out loud that you wish to remain silent and that you wish to consult an attorney. Once you make the request to speak to a lawyer, do not say anything else. Answering cops’ questions may be taken as a waiver of your right to remain silent, so it is important that you assert your rights and stay silent. Only a judge can order you to answer questions.
There may be exceptions: some states have “stop and identify” laws, which may require giving certain personal information to cops under certain circumstances. A lawyer in your state can advise you of the status of these requirements where you reside.
Do I have to give my name?
As above, in some states, you could be detained or arrested for merely refusing to give your name. And in any state, cops do not always follow the law, so refusing to give your name may make them suspicious or more hostile and leave to your arrest, even without just cause. Use your judgment. Giving a false name could in some circumstances be a crime.
Do I need a lawyer?
You have the right to talk to a lawyer before you decide whether to answer questions from cops. It is a good idea to talk to a lawyer if you are considering answering any questions. You have the right to have a lawyer present during any interview. The lawyer’s job is to protect your rights. Once you tell a cop that you want to talk to a lawyer, they should stop trying to question you and should make any further contact through your lawyer. If you do not have a lawyer, you can still tell the cop that you want to speak to one before answering questions. Remember to get the name, agency, and telephone number of any government agent who visits you, and give that information to your lawyer. the government does not have to provide you with a free lawyer unless you are charged with a crime, but the NLG or another organization may be able to help you find a lawyer for free or at a reduced rate.
If I refuse to answer questions or say I want a lawyer, won’t it seem like I have something to hide?
Anything you say to cops will be used against you and others. You can never tell how a seemingly harmless bit of information might be used or manipulated to hurt you or someone else. That is why the right to not talk is a fundamental right under the Constitution. Keep in mind that although cops are allowed to lie to you, lying to a government agent may be a crime. Remaining silent is not. The safest things to say are “I am going to remain silent,” “I want to speak to my lawyer,” and “I do not consent to a search.”
It is a common practice for cops to try to get you to waive your rights by telling you that if you have nothing to hide you would talk or that talking would “just clear things up.” The fact is, if they are questioning you, they are looking to incriminate you or someone you may know, or they are engaged in political intelligence gathering. We urge you to stay firm in protection and defense of your rights and refusing to answer questions.
Can agents search my home or office?
You do not have to let cops into your home, dorm, office, or belongings unless they have and produce a valid search warrant. A search warrant is a written court order that allows the police to conduct a specified search. Interfering with a warrantless search probably will not stop it and you might get arrested. But you should say, “I do not consent to a search,” and call a criminal defense lawyer or the NLG. You should be aware that a roommate or guest can legally consent to a search of your house if the cops believe that person has the authority to give consent. Likewise, your employer can consent to a search of your workspace without your permission.
What if agents have a search warrant?
If you are present when cops come for the search, you can ask to see the warrant. The warrant must specify in detail the places to be searched and the people or things to be taken away. It must have a date, a correct address, and the signature of a judicial official. Even if there is a search warrant, tell the cops you do not consent to the search so that they cannot go beyond what the warrant authorizes. Ask if you are allowed to watch the search; if you are allowed to, you should. Take notes, including names, badge numbers, what agency each cop is from, where they searched and what they took. If others are present, have them act as witnesses to watch carefull what is happening. If the cops ask you to give them documents, your computer, or anything else, look to see if the item is listed in the warrant. If it is not, do not consent to them taking it without talking to a lawyer. You do not have to answer questions. Talk to a lawyer first. (Note: If cops present an arrest warrant, they may only perform a cursory visual search of the premises to see if the person named in the arrest warrant is present.)
Do I have to answer questions if I have been arrested?
No. If you are arrested, you do not have to answer any questions. You should affirmatively and unambiguously state that you wish to assert your right to remain silent. Ask for a lawyer right away. Do not say anything else. Repeat to every cop who tried to talk to or question you that you wish to remain silent and that you wish to speak to a lawyer. You should always talk to a lawyer before you decide to answer any questions.
That being said, if you are arrested, many state require you to give the cops your name, address, and date of birth. Failure to do so might be a separate crime and will certainly delay things. But you only need to provide this basic information. A lawyer in your state can advise you of the status of these laws where you reside.
What if I speak to government agents anyway?
Even if you have already answered some questions, you can refuse to answer other questions until you have a lawyer. If you find yourself talking, stop. Assert that oyu wish to remain silent and that you wish to speak to a lawyer.
What if the police stop me on the street?
Ask if you are free to go. If the answer is yes, consider just walking away. If the cops say you are not under arrest, but are not free to go, then you are being detained. Cops can pat down the outside of your clothing if they have reason to suspect you might be armed and dangerous. If they search any more than this, say clearly, “I do not consent to a search.” They may keep searching anyway. If this happens, do not resist, because you can be charged with assault or resisting arrest. You do not have to answer any questions. You do not have to open bags or any closed container. Tell the cops you do not consent to a search of your bags or other property.
What if police or other agents stop me in my car?
Keep your hands where the cops can see them. If you are driving a vehicle, you must show your license, registration, and, in some states, proof of insurance. You do not have to consent to a search. But the cops may have legal grounds to search your car anyway. clearly state that you do not consent. Cops may separate passengers and drivers from each other to question them, but no one has to answer any questions.
What if I am treated badly by government agents?
Write down the cop’s badge number, name, and other identifying information. You have a right to ask the cop for this information. Try to find witnesses and their names and phone numbers. If you are injured, seek medical attention and take pictures of the injuries as soon as you can. Call a lawyer as soon as possible.
What if the police or FBI threaten me with a grand jury subpoena if I don’t answer their questions?
A grand jury subpoena is a written order for you to go to court and testify about information you may have. It is common for the FBI to threaten you with a subpoena to get you to talk to them. If they are going to subpoena you, they will do so anyway. You should not volunteer to speak just because you are threatened with a subpoena. You should consult a lawyer.
Can agents search my phone or computer?
As with your home and office, you do not have to give your devices to cops unless they have and produce a valid search warrant. Likewise, without a valid search warrant, you do not have to give access to your devices. Cops could still perform the search, but you should make clear that you do not consent to a search and call a criminal defense lawyer or the NLG. do not provide your passwords without consulting a lawyer. You might be forced to provide your biometrics to unlock your devices, but reiterate that you do not consent to a search. Electronic devices contain enormous amounts of personal and private information, which the government might want, so be very careful about them when interacting with cops. It might be safest to not utilize biometrics to lock your devices but instead complex alphanumeric passwords.
Can agents keep my phone or computer?
Yes. Just like with other physical objects, the government might hold your electronic devices until it decides to release them. Release should occur after the investigation or prosecution is finished, but it can take much longer. Because of this, it is very important to have strong security protections on your phone and computer. Agents might have a harder time accessing your private information if your device is protected by encryptions, long and complex passwords, and remote access for disabilitation. A local lawyer might also be able to get your devices back faster.
Can agents search my Internet presence?
Yes. In their investigations, cops will often look at people’s social media and Internet behavior. Once a cop obtains a search warrant or other court order for your data, companies will generally hand over all data of their users, meaning that even information you’ve marked as “private” or protected by two-factor authentication will be turned over. Put simply, if the company has a data point about you, the data could be given to the government. This includes invasive digital information, such as IP addresses and passwords. In addition, the government uses private services and their own technology to make expansive Internet searches about people they are interested in. Some companies encrypt your data and have strong policies against government requests, but they might be forced to turn over what they have if the cops obtain a court order. Remember that everything on the Internet has the potential of being saved forever.
What should I go if I receive a subpoena related to my digital accounts?
If a company informs you that they have received a subpoena involving your digital accounts, it is likely that your accounts are being investigated. Companies often don’t provide their users with much information. Since this involves your data, you should be able to ask for all details, including the actual subpoena or court order. If there is a government agency involved, do not contact them yourself. You should consult a lawyer to help you with this.
What should I do after receiving a grand jury subpoena?
Federal grand jury proceedings are not the same as testifying at an open court trial. There is no judge present, only a prosecutor and 16-23 jurors who are not screened for bias. You are not allowed to have a lawyer present (although one may wait in the hallway and you may ask to consult with them after each question), and you may be asked to provide documentation and/or answer questions about your activities and associations.
Because of people’s limited rights in thie situation, the federal government has frequently used grand jury subpoenas to gather information about activists and political associations. It is common for the FBI to threaten activists with a subpoena in order to elicit information about their political views and activities and those of their associates. There are legal grounds for stopping (“quashing”) subpoenas, and receiving one does not necessarily mean that you are suspected of a crime. IF you do receive a subpoena, call the NLG Federal Defense Hotline at 212-679-2811 or call a criminal defense attorney immediately. Note that this number might change.
What are federal grand jury subpoenas?
The federal government regularly uses grand jury subpoena power to investigate and seek evidence related to politically active people and social movements. This practice is aimed at prosecuting activists and, through intimidation and disruption, discouraging continued activism. Federal grand jury subpoenas are served in person.
What should I do after receiving a federal grand jury subpoena?
If you receive one, it is critically important that you retain the services of an attorney, preferably one who understands your goals and, if applicable, has experience in dealing with these kinds of issues. Most lawyers are trained to provide the best legal defense for their client, often at the expense of others. Consider building a support group for your defense and being transparent about your subpoena.
Beware of lawyers who summarily advise you to cooperate with grand juries, testify against friends, or cut off contact with your friends and political activists. Cooperation with a grand jury usually leads to others being subpoenaed and investigated. You also run the risk of being charged with perjury, a felony, should you omit any pertinent information or if there are inconsistencies in your testimony.
What happened if I do not cooperate with the grand jury subpoena?
If you receive a federal grand jury subpoena and assert your First and/or Fifth Amendment right not to testify or cooperate, the prosecutor has the option to offer you “conditional immunity.” Under conditional immunity, you may be subpoenaed again and forced to testify. In exchange, the government agrees to not criminally charge you based on anything you divulge (except for perjury). However, others could still be charged using the information you provide to the grand jury.
If you do not accept immunity, or you continue your refusal to testify, the prosecutor can then charge you with either civil or criminal contempt. This results in a hearing before a judge. If you are found guilty of civil contempt, you may be jailed for the length of the federal grand jury, 18 months. It is lawful to hold you in order to coerce your cooperation, but unlawful to hold you as a means of punishment. In rare instances, grand juries and corresponding jail sentences for civil contempt can be extended, up to 24 months. It is also rare to be charged and found guilty of criminal contempt, but in those circumstances, courts can impose even longer sentences and sentences can be imposed as punishment.
The Department of Homeland Security currently includes three agencies that work on immigration enforcement and immigration benefits: United States Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP). All three bureaus will be referred to as DHS, Department of Homeland Security. DHS agents are all cops. For further information, we recommend up-to-date resources from the National Immigration Project: https://nipnlg.org/work/resources
- Assert your rights. If you do not demand your rights, or if you sign papers waiving your rights, DHS may order you removed from the U.S. before you see a lawyer or an immigration judge. Never sign anything without reading, understanding, and knowing the consequences of signing it.
- Talk to a lawyer. If possible, carry with you the name and telephone number of an immigration lawyer who will take your calls. Immigration laws can be hard to understand and are always changing. DHS will not explain your options to you. As soon as you encounter a DHS agent, call your attorney. If you can’t do it right away, keep trying. Always talk to an immigration lawyer before leaving the U.S. Even some legal permanent residents can be barred from returning.
Based on today’s laws, regulations, and DHS guidelines, non-U.S. citizens usually have the following rights, no matter what their immigration status. This information may change, so it is important to contact a lawyer. The following rights apply to non-U.S. citizens who are inside the U.S. Non-U.S. citizens at the border who are trying to enter the U.S. do not have all the same rights.
Do I have the right to talk to a lawyer before answering any DHS questions or signing any DHS papers?
Yes. You have the right to call a lawyer or your family if you are detained, and you have the right to be visited by a lawyer in detention. You have the right to have your attorney with you at any hearing before an immigration judge. You do not have the right to a government-appointed attorney for immigration proceedings, but if you have been detained, immigration officials must show you a list of free or low cost legal service providers.
Should I carry my green card or other immigration documents with me?
Presenting false or expired papers to DHS may lead to removal or criminal prosecution. an unexpired green card, I-94, employment Authorization Card, Border Crossing Card, Receipt Notice, or other papers that prove you are in legal status should satisfy this requirement. If you do not carry these papers with you, you could be charged with a crime. Always keep a copy of your immigration papers with a trusted family member or friend who can send them to you, your lawyer, or DHS, if need be. Check with your immigration lawyer about your specific case.
Am I required to talk to government officers about my immigration history?
Generally, no. If you are undocumented, out of status, a legal permanent resident (green card holder), or a U.S. citizen, you do not have to answer cops’ questions about your immigration history. However, there might be local laws criminalizing people’s refusal to provide personal information to cops. Certain states also require that local law enforcement and jails look into immigration backgrounds, including through federal databases, after they obtain your basic identifying information. If you have a lawyer, you can tell the cop that the lawyer will answer questions on your behalf.
If I am arrested for immigration violations, do I have the right to a hearing before an immigration judge to defend myself against deportation charges?
Yes. In most cases only an immigration judge can order you removed. But if you waive your rights or take “voluntary departure,” agreeing to leave the country, you could be removed without a hearing. If you have criminal convictions, were arrested near the border, came to the U.S. through the visa waiver program, or have been ordered deported or removed in the past, you could be removed without a hearing. Contact a lawyer immediately to see if there is any relief for you.
Can I call my consulate if I am arested?
Yes. Non-U.S. citizens arrested in the U.S. have the right to call their consulate or to have cops tell the consulate of your arrest. Cops must let your consulate visit or speak with you if consular officials decide to do so. Your consulate might help you find a lawyer or offer other help. You also have the right to refuse help from your consulate.
What happens if I give up my right to a hearing or leave the U.S. before the hearing is over?
Your could lose your eligibility for certain immigration benefits, and you could be barred from returning to the U.S. for a number of years. You should always talk to an immigration lawyer before you decide to give up your right to a hearing.
What should I do if I want to contact DHS?
Always talk to a lawyer before contacting DHS, even on the phone. Many DHS officers view “enforcement” as their primary job and will not explain all of your options to you.
IMPORTANT NOTE: It is unlawful for law enforcement to perform any stops, searches, detentions, or removals based solely on your race, national origin, religion, sex, or ethnicity.
If I am entering the U.S. with valid travel papers can a U.S. customs agent stop and search me? Why?
Yes. Customs agents have the right to stop, detain, and search every person and item. Although there are constitutional protections inside the U.S., they are weaker or nonexistent at “borders,” which includes ports of entries and airports, regardless of citizenship status. However, you may have the right to refuse certain facial recognition photographs and other invasive scans of your body.
Can my bags or I be searched after going through metal detectors with no problem or after security sees that my bags do not contain a weapon?
Yes. Even if the initial screen of your bags reveals nothing suspicious, the screeners have the authority to conduct a further search of you or your bags.
Can my phone or computer be searched while going through customs, security, or additional screening?
Generally, yes. Department of Homeland Security officers may search your electronic devices, although some agencies might only be able to look for explosives. You could assert your rights and refuse to consent to a search, but this could result in significant delays at the airport, with eventually no legal protections in court. If you refuse to provide your password or biometric information to give access to your electronic devices, your devices might be seized and searched regardless and/or you could be detained for longer. If you have specific concerns, call a criminal defense lawyer, NLG, or take a look at the Electronic Frontier Foundation’s resources on the topic: https://www.eff.org/issues/border-searches.
If I am on an airplane, can an airline employee interrogate me or ask me to get off the plane?
The pilot of an airplane has the right to refuse to fly a passenger if they believe the passenger is a threat to the safety of the flight. The pilot’s decision must be reasonable and based on observations of you, not stereotypes.
Do I have to answer questions?
No. Minors too have the right to remain silent. You cannot be arrested for refusing to talk to the police, probation officers, or school officials, except in some states you may have to give your name if you have been detained. Remember: silence will always be the safest for you and your communities.
What if I am detained?
If you are detained at a community detention facility or juvenile hall, you normally must be released to a parent or guardian. If charges are filed against you, in most states you are entitled to counsel (just like an adult) at no cost.
Do I have the right to express political views at school?
Public school students generally have a First Amendment right to politically organize at school by passing out leaflets, holding meetings, etc., as long as those activities are not disruptive and do not violate legitimate school rules. You may not be singled out based on your politics, ethnicity, or religion.
Can my backpack or locker be searched?
School officials can search students’ backpacks and lockers without a warrant if they reasonably suspect that you are involved in criminal activity or carrying drugs or weapons. Do not consent to the police or school officials searching your property, but do not physically resist, or you may face criminal charges.
What name and gender should I give to cops?
If you decide to provide any personal information, the interaction will likely be smoother if you give whatever matches your government information. The best outcome is for the law enforcement interaction to end quickly. Use your judgement.
Are there ways to reduce risks if I’m arrested and taken to jail?
Every jail has different rules regarding gender and placement. Cops and jail staff might use the gender marker from your government information, or they might ask for your gender at booking. If you have any control over your placement, it might be safest to try to stick with people you know. Trans and gender-nonconforming people can sometimes ask for protection at jails, but this often means being placed in isolation, which many jails use as a form of punishment. Likewise, if the jail decides you are at risk, guards might involuntarily place you in isolation, under the premise of protecting you. Depending on the situation, it might be less risky to not out yourself as trans or gender-nonconforming.
If you are able, as a criminal defense attorney familiar with the local jails whether there are any formal rules or informal practices in place. You can also ask whether they are available to advocate for your rights and safety if you are arrested.
Disclaimer:
This booklet is not a substitute for legal advice. You should contact an attorney if you have been visited by the FBI or other law enforcement officials. You should also alert your relatives, friends, co-workers and others so that they will be prepared if they are contacted as well.
More Resources:
For more up-to-date resources, go to: nlg.org/massdefenseprogram/
