Know Your Rights: Immigrants in Arkansas

It is best to prepare in advance before you encounter a situation involving police or the Department of Homeland Security / Immigrations and Customs Enforcement (DHS/ICE).

Documents

• Know which documents you should carry with you.
• Carry a valid U.S. ID (like a driver’s license) or U.S. passport if possible
• If you have a green card, carry it with you (or a copy of it)
• Carry a card with the contact information of your immigration attorney and/or union representative.
• Do NOT carry fake IDs or false immigration documents
• If you’re over 18, always carry your papers with you.
  • If you are not a U.S. citizen and an immigration agent requests your immigration papers, depending on your status, you must show them if you have them with you.
  • If you don’t have them, tell the officer that you want to remain silent, or that you want to consult a lawyer before answering any questions.

Create a Family Plan

• Make sure your trusted family or friends know your:
• Immigration “A” number (if you have one). This is a nine-digit number that is used to identify anyone who has had ever had contact with immigration. It may start with an “A.” It will be on any immigration document you’ve ever received, like a court notice, a work permit, or other document.
• Exact Name
• Exact Date of Birth
• Country of Origin or Citizenship (Usually where you were born.)
• If they have all your personal information, they can check the ICE Locator website to try to find out where you are being detained: https://locator.ice.gov

Important Documents

Make sure you and your trusted family members have access to copies of all your important documents, to be kept in a secure but accessible location. These documents may include:

• Immigration documents including records of any immigration status you ever had, of any prior filings with immigration or other immigration related documents. Include visa, work permits, A# and any other immigration or court related paperwork.
• Birth certificates for you and your children
• Marriage certificate
• Passports for you and your children
• Any other forms of identification
• Educational degrees
• Key medical records for you and your children
• Names and contact information for emergency contacts, including any attorneys.
• Include anyone who has ever represented you in the past, and a list of lawyers who might be able to help defend you in immigration court.
• Powers of attorney
• Military paperwork
• Business paperwork
• Any papers concerning your status as a witness or victim of a crime who is cooperating in an investigation
• Papers related to any pending civil rights complaints
• Any other important papers (lease, deed to your house, receipts for rent/mortgage payments, accounts information, etc.)

Childcare

• If you have children or elderly relatives, plan for a family member or friend to care for them if you are detained.
• Carefully consider whether you should grant power or attorney or guardianship.
• Always have the telephone numbers of this relative or friend with you and make sure other people know of these plans.

Finances & Legal Support

• You may decide to designate individuals you trust to make decisions for you if you are detained. They can help you withdraw money for expenses or bills.
• Financial institutions may require you to execute a power of attorney for this. Check with your bank or financial service provider.
• Save money to pay for an attorney and cover other expenses
• You have a right to an attorney to help defend you in your immigration case, but unlike in a criminal case, the government will not provide you one for free.
• Your family may also need to cover expenses while you’re in detention, since you will not be able to work.
• Find an immigration attorney.
• Keep a list of organizations and private attorneys who might be able to help you.

At Work

• Talk to your trusted coworkers. If possible, get them all to agree to remain silent if ICE comes to your job. There is strength in numbers.
• Remember to remain calm and do not run if ICE comes to your workplace.
• Remain silent and, if they arrest you, tell them you want to talk to your lawyer.
• If there is a union at your job, contact your union spokesperson to develop a plan in case there is an immigration enforcement action.

Interacting with law enforcement can be stressful, especially for immigrants navigating complex legal systems. Knowing your rights and how to assert them is essential to protecting yourself and your loved ones.

This guide provides clear, practical steps to help you stay calm, prepared, and informed during encounters with law enforcement. Whether you are stopped on the street, questioned by immigration agents, or facing a more serious situation, understanding your rights and responsibilities can make all the difference.

Stay calm, stay informed, and always remember: you have rights.

General Guidelines

• Stay calm. Always remain calm and do not run or resist, regardless of the situation.
• Be prepared. Memorize important contact information, including your lawyer’s phone number, and make emergency plans if you have dependents or take medication.
• Be honest. Do not lie, provide false documents, or sign anything without consulting a lawyer.
• Assert your rights. Politely and clearly assert your rights when necessary.

If You’re Stopped On the Street

You have the right to remain silent. You are not required to answer questions unless:

• You’re Suspected of a Crime
  • Under Arkansas law, you must provide your name if asked by law enforcement. However, if sharing your name could be self-incriminating, you can invoke your Fifth Amendment right to remain silent.
• Your Status Is Requested by Immigration Agents
  • If requested by immigration agents, you may be legally required to produce immigration-related documentation if you have them with you.

What to Say

• If you feel safe, calmly say, “I do not want to talk to you,” and walk away calmly.
• If you are unsure or feel unsafe, ask, “Am I free to go?”
  • If the officer says “yes,” walk away calmly.
  • If the officer says “no,” you are being detained.

Detention vs. Arrest

Detention

• If the officer says you are not under arrest but you are not free to go, you are being detained.
• Police must have reasonable suspicion that you are engaging in or have engaged in criminal behavior to detain you.
• During detention, police can pat down the outside of your clothing only if they have reasonable suspicion that you are armed and dangerous.
• If an officer attempts to search more than a pat-down, clearly say: “I do not consent to a search.”

Arrest

• If you are placed under arrest, you have the right to remain silent and the right to an attorney.

If You’re Stopped In a Vehicle

Required Documents

• You must show your driver’s license, vehicle registration, and proof of insurance if asked.

Right to Remain Silent

• You do not have to answer questions about your immigration status or where you were born.

Searches

• You do not have to consent to a search of your car or belongings.
• Police may search your car without consent if they have probable cause to believe it contains evidence of a crime.

What to Say

• Clearly state, “I do not consent to a search.”

If Police or ICE Arrive at Your Home

How to Reduce Risk

• Prepare in advance. Know what you will do if you encounter police or immigration officers.
• Stay calm and keep the door closed. Opening the door does not give them permission to come inside, but they may try to push in if you open the door. If you are going to speak to the agents, it is safer to speak through the door.

Your Rights at the Door

• Do not open the door unless officers present a warrant signed by a judge.
• A deportation or removal warrant (Form I-205) does not authorize officers to enter your home without your consent.
• If officers have a warrant signed by a judge, ask them to show it through a window or slide it under the door.
• If police have an arrest warrant, they are legally allowed to enter the home of the person on the warrant if they believe that person is inside. But a warrant of removal/deportation (Form I-205) does not allow officers to enter a home without consent.

What to Say

• Once they arrive, ask which agencies they are with and why they are at your home.
• Ask the agent or officer to show you a badge or identification through the window or peephole.
• If they attempt to enter without a warrant, state: “I do not consent to your entry.”
• If they force entry, do not resist but say, “I do not consent to your entry or search. I am exercising my right to remain silent and wish to speak to a lawyer.”

Probation Exception

• If you are on probation or parole with a search condition, officers may be allowed to enter your home.

If You Are Detained or Arrested

• You have the right to remain silent. Say, “I wish to remain silent,” and do not discuss your immigration status or case without your lawyer.
• You have a right to legal representation.
• If arrested by police, you have the right to a government-appointed lawyer if you cannot afford one.
• If detained by ICE, you have the right to hire a lawyer, but the government is not required to provide one for you. You can ask for a list of free or low-cost alternatives.

Communication

• You have the right to make a phone call to your lawyer or family. If calling a lawyer, the police cannot listen to the conversation.

Consular Notification

• If you are a citizen of another country, it is important to know that under international law, authorities detaining you in the United States are mandated to notify your Consulate without delay about your arrest or detention. This is guaranteed by Article 36(b) of the Vienna Convention on Consular Relations. Consulates can offer resources to detainees and their families, including assistance with legal matters, communication, and access to essential services.

Understanding Police and Immigration Custody

48-Hour Detainer Limit

• If you are arrested by local law enforcement, Immigration and Customs Enforcement (ICE) may issue a detainer, requesting that local authorities hold you for up to 48 hours (excluding weekends and holidays) beyond your scheduled release.
• Local authorities are not required to comply with ICE detainers and holding you longer than 48 hours without proper cause is illegal.

Notice to Appear (NTA)

• If ICE places you into removal or deportation proceedings, they must provide you with an NTA, which officially starts the removal process. The NTA should include:
  • The reason for the proceedings.
  • The time and location of your court hearing.
  • If the time and place are not listed, contact an attorney immediately.

Right to Bond

• You have the right to request release on bond or a bond hearing in front of an immigration judge. The judge may deny bond if they believe:
  • You may not attend your hearings, or
  • You pose a danger to others.

If You Believe Your Rights Were Violated

• Document it. Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.
• If you’re injured, seek medical attention immediately and take photographs of your injuries.

Filing a Complaint

• File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.

What To Do If You’re Detained While Your Immigration Case is Underway

Your Rights

• Most people who are detained while their case is underway are eligible to be released on bond or with other reporting conditions.
• 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.

What to Do If You Are Detained

• If you are denied release after being arrested for an immigration violation, ask for a bond hearing before an immigration judge. In many cases, an immigration judge can order that you be released or that your bond be lowered.

I've Been Arrested and Need to Challenge a Deportation Order

Your Rights

• You have the right to a hearing to challenge a deportation order, unless you waive your right to a hearing, sign something called a “Stipulated Removal Order,” or take “voluntary departure.”
• You have the right to an attorney, but the government does not have to provide one for you. Ask for a list of free or low-cost alternatives. If you have no lawyer, ask the court to allow you time to find one.

What To Do If You Are Arrested

• If you are told that you do not have the right to see an immigration judge, you should speak with a lawyer immediately.
• There are some cases in which a person might not have a right to see an immigration judge. Even if you are told that is your situation, you should ask to speak to a lawyer immediately because immigration officers will not always know or tell you about exceptions that might apply to you.
• If you fear persecution or torture in your home country, tell an officer and contact a lawyer immediately. You have additional rights if you have this fear.

What To Do If You’ve Been Taken Into ICE Custody

• You have the right to a lawyer, but the government will not provide one. If you don’t have a lawyer, ask for a list of free or low-cost legal services.
• You have the right to contact your consulate or have an officer inform the consulate of your arrest.
• Tell the immigration officer you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer.
• Do not sign anything, such as a voluntary departure or stipulated removal, without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the U.S.
• Know your immigration number (“A” number) and give it to your family. It will help them locate you.

Every child has the right to an education, regardless of immigration status. Schools are required to provide a safe and inclusive learning environment, free from discrimination based on race, color, or national origin. This section outlines key rights and protections for students and their families, ensuring access to education and safeguarding privacy. Knowing your rights can help you advocate for a fair and supportive school experience.

Education Rights for All Students

• Schools cannot discriminate against students based on race, color, or national origin.
• Undocumented children have the right to a free public education and cannot be denied enrollment based on immigration status (Plyler v. Doe, 457 U.S. 202 (1982).
• Public schools must provide language instruction for students with limited English proficiency.

Enrollment Requirements

• Schools cannot ask about a student’s or parent’s immigration status. Documents like birth certificates, family bibles, or affidavits can be used to establish age.
• Schools cannot require a social security number. If collected, schools must explain:
  • That providing it is voluntary.
  • Why the number is being requested.
  • How it will be used. (Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g.

Privacy and Protection of Student Information

• Schools cannot share students' educational records, including immigration status, without:
  • Written consent from a parent or student (if 18 or older).
  • A judicial order or subpoena signed by a judge.
  • Even with an administrative subpoena, schools can challenge its reasonableness through legal counsel.

Best Practices for Schools

• Collect only essential enrollment information (proof of residency, age, and immunization records.)
• Avoid questions that could indicate immigration status (e.g., place of birth.)

Law Enforcement and Immigration Agents at School

• ICE and CBP have a policy of generally avoid enforcement actions in schools, school bus stops, and at educational activities (and also churches and hospitals) without prior approval or exigent circumstances. (ICE Sensitive Locations Memo, 2011.)

If ICE/CBP Agents Arrive

Consistent with the school district’s Plyler obligations, school officials must not affirmatively aid in removing a student from school based upon their immigration status. Instead they should:

• Direct them to the superintendent.
• Request written legal authorization (e.g., a judicial warrant signed by a judge.)
• Deny entry without proper documentation.
• Refer to the school district’s obligations under Plyler v. Doe.
• Notify the student’s parent or guardian immediately if a student is detained.
• Contact counsel for the district before sharing any information.

Building a Safe and Welcoming Environment

• Schools should reassure families that all students are welcome, regardless of immigration status. Adopting resolutions or public statements can help alleviate fears.
• Schools should ensure a safe and inclusive environment by:
  • Training staff on legal obligations and immigrant student protections.
  • Committing school police and other partners to avoid immigration enforcement actions.

Workplace raids can be alarming, but employers have rights and responsibilities to protect themselves and their employees. Knowing how to respond calmly and effectively can make a significant difference. This section provides an essential guide to navigating such situations, including understanding warrants, asserting your rights, and documenting interactions with law enforcement. By staying informed and prepared, employers can help ensure the safety and rights of everyone involved.

Overview For Employers

Employers must act swiftly and calmly during a workplace raid to protect their rights and employees.

• Take charge. Speak to the officer in charge, request a copy of the warrant, and contact your attorney. If applicable, also contact the Mexican consulate (1-501-952-3462.)
• Understand warrants. Only judicial warrants, signed by a judge, or your consent, allow searches of private areas. Administrative warrants (e.g., I-200, I-205) do not. Always verify the warrant and refuse unauthorized searches.
• Assert your rights. Calmly state: “I do not consent to this search,” or “I’d like to call my attorney.” Refusing consent in the presence of others, in a voice loud enough to be heard by witnesses, and repeating the refusal to consent, can ensure that you have critical witnesses to the lack of consent.
• Document the raid. Note officers’ names, badge numbers, and conduct. Record any rights violations or discriminatory actions.
• Remain calm. Remaining calm, informed, and assertive can help safeguard everyone involved.

Understanding Warrants

Before the government can search a workplace for suspected immigration violations, police or immigration enforcement must have either: consent from you, the employer OR a search warrant signed by a judge. Check the warrant — not all warrants give officers free range to search your premises or talk to your employees.

What You Need to Know

• To question everyone present, the warrant must be: (a) to search the premises and (b) signed by a judge.
  • DHS often uses “warrants” that are only signed by ICE agents and are not signed by judges. The differences in warrants are why it is critical to have an attorney look at the warrant immediately.
• Asking for a warrant could elicit a change in attitude from the officers. Do not be intimidated! You have a right to ask for a warrant, and doing so protects your legal rights.

If ICE shows you an administrative warrant with an employee’s name on it:

• You do NOT have to say if that employee is working on that day or not.
• You do NOT have to take the ICE agents to the employee named on the warrant (even if he or she is at work at the time.)

Always insist on a warrant, and ensure it is a proper warrant. Do NOT consent to a search!

Where Can Government Agents Go and Not Go With a Judicial Warrant?

Private Areas

• Immigration agents can enter a private area ONLY IF they have a judicial warrant.
  • A judicial warrant must be signed by a judge and say “U.S. District Court” or the name of a state court at the top.
  • If ICE agents tell you that they have a judicial warrant, ask for a copy and read it.
• Sometimes, ICE agents try to use an administrative warrant to enter. But an administrative warrant does NOT allow agents to enter private areas without your permission. Administrative warrants are not from a court. They say “Department of Homeland Security” and are on Forms I-200 or I-205.
• Without a judicial warrant, ICE agents need YOUR permission to enter private areas of your business.
  • If ICE agents try to enter a private area, you should say: “This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have a judicial warrant?”

Public Areas

• Anyone — including ICE agents — can enter public areas of your business without permission.
• Public areas include a dining area in a restaurant; parking lot; lobby or waiting area.
• Being in a public area does NOT give ICE the authority to stop, question, or arrest just anyone.
• Again, no one can enter a private area of your business without your permission or a judicial warrant.

TIP: To help demonstrate that some areas are private, mark them with a “Private” sign, keep the doors closed or locked, and have a policy that visitors and the public cannot enter those areas without permission.

Key Phrases to Assert Your Rights

Asserting your rights is critical. In intimidating and stressful circumstances, it is all the more important to remember to assert your rights. There are respectful and non-confrontational ways to speak with police or immigration officers, such as:

• “I would like to see the warrant, please.”
• “No, I do not consent to a search.”
• “Are the employees free to go back to work or leave?”
• “I do not wish to answer any questions, and would like to call my attorney now, please.”

Information About Agencies & Details of Action

• Verify the identities of the officers. There have been instances of people masquerading as police, so be certain that they are actual police.
  • If circumstances allow, ask for the name, police agency, and badge number of all officers working the raid. Verifying the name, badge number and agency of the officers present can deter the officers from unlawful conduct and allow you to hold them accountable if your rights have been violated.
• Abusive conduct on the part of any officer is unlawful regardless of immigration status and should be reported immediately to your attorney, the consulate (if applicable), and the ACLU. File a written complaint with the agency’s internal affairs division or civilian complaint board.
• Remember important details. It is critical for both the employer and employees to try to recall as many details about the raid as possible.
  • Were employees free to go about their work and decline to answer questions?
  • Was there differing treatment due to race or ethnic appearance?
  • Did officers target only those who appeared to be Latine?
  • Did officers direct the employees to self-identify (ex. citizens on the left, non-citizens on the right?)
  • Were employees who identified themselves as citizens asked to produce proof thereof? All or only some?
  • Are there other facts that suggest discriminatory treatment?
• Note and remember which persons, if any, were arrested.

Additional Tips for Employers During and After a Raid

What to Do During the Raid

• Stay calm! Ask your workers to stay calm, too. Do not run to exits. This will make things worse because ICE agents can say that people who are running are likely violating immigration laws.
• Do NOT help ICE agents sort people by their immigration status or the country they are from.
• Watch the agents and see if they are complying with what’s written in the warrant.
• If you or an employee is willing, you should record what the ICE agents do and say at your workplace. You may be able to prove the agents violated your rights or your workers’ rights. Note that recording may upset the officers and could escalate the situation.
• If ICE arrests any of your workers, ask the ICE agents where they are being taken. This information will help the worker’s family and lawyer find the person.

What if ICE Agents Try to Stop, Question, Detain, or Arrest a Worker?

• ICE agents may try to stop, question, or even arrest a worker without the proper authority.
• The best way for workers to protect their rights is to stay silent and ask for an attorney.
• Any information a worker gives ICE can be used against him or her later.

Immediately After the Raid

• Write or record these things after ICE leaves:
  • How many ICE or police agents were present (inside and outside)?
  • How were the agents dressed? How were they armed?
  • Did the agents make you or your workers believe you could not move or leave?
  • Did the agents mistreat anyone? If yes, how?
• Notify the employees’ union, if any.

What to Do in an I-9 Audit

• When ICE notifies you that there will be a Form I-9 audit, contact an employment or immigration lawyer. Also notify your workers and their union representative about the audit.
• The law gives you three work days to produce your I-9 Forms. Do not provide your documents early.
• You have the right to speak to your lawyer before answering questions or signing documents.
• Allow your employees to have coworkers or any union representatives present when discussing I-9 audits.
• After reviewing the I-9 forms, ICE may find some employees are not authorized to work. If that happens, ICE will give you 10 days to provide valid work authorization for these employees.
  • If you can’t provide the documents by that time, you will be told to end their employment.
    • If this happens, you must notify the affected workers of the audit.
• Ask ICE for more time. This will give you and any potentially affected workers more time to talk to an immigration lawyer.

Tips for Workers

How to Reduce the Risk to Yourself

• Ask to speak with a lawyer.
• Do not carry false documents.
• Prepare a form or document that authorizes another adult to care for your minor children.
• Advise family members who do not want to be questioned by ICE to stay away from the place where the raid occurred or where a detained person is being held.
• Do not run away from the officers. They will then presume you are in the U.S. illegally and you will likely be arrested.
• Find the name and phone number of a reliable immigration attorney and keep this information with you at all times.

Understanding Your rights in the Workplace: What You Need to Know

• If law enforcement or immigration agents are welcomed into your workspace by your manager or business owner, they are legally allowed to search your workspace with or without your consent.
• Do not sign any documents without first speaking to a lawyer.
• Do not allow ICE agents to coerce you into signing any documents. They will often present “stipulated orders of removal” or “voluntary departures.”
• Arkansas state law makes it a misdemeanor to falsely identify oneself to a law enforcement officer.
• Under state law, you must provide your name if asked for an official law enforcement purpose. Official law enforcement purposes include pursuing a reasonable suspicion of criminal activity or seeking your name for officers’ safety or as a witness.
  • If giving your name to officers could be incriminating, you should consult in advance with an attorney who can advise you of the consequences for your immigration status vs. consequences under state law.

How to Respond to Questions Regarding Your Immigration Status

• Once law enforcement has entered, they likely will begin questioning people as to their identities, papers, or status. Some immigrants’ status will require them to carry and show particular papers. If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you.
• Regardless of whether you are free to leave, you do not have to answer questions about your citizenship, immigration status or anything else. If you do answer questions and you say that you are not a U.S. citizen, this can be used against you.
  • Unless your immigration status requires you to produce documents, remain silent, or tell the ICE or police agents that you wish to remain silent. Answering any questions about your country of origin or legal status can very quickly give police probable cause or reasonable suspicion to detain you. You may not even realize you are being interviewed until it is over. Be wary of all questions from any law enforcement of this nature.

For immigrants and their families in Arkansas, accessing the right resources can make a significant difference. This section highlights organizations and services that provide legal support, counseling, advocacy, and assistance tailored to various needs. From low-cost immigration counseling to specialized support for trans immigrants, these resources are here to empower and guide individuals through challenging situations.

Catholic Immigration Services — Little Rock

Provides low-cost counseling and support to those eligible for immigration benefits and who cannot afford private assistance.

• Address: 2500 North Tyler Street, Little Rock AR 72207
• Website: www.dolr.org/catholic-charities/immigration-little-rock

Center for Arkansas Legal Services

Provides free civil legal help for eligible low-income Arkansans. Their legal services are limited to family law, housing/rental issues, debt and bankruptcy, end of life planning, public benefits, consumer protection, criminal record sealing, disaster relief, and veterans.

• Address: 300 West 6th Street, Little Rock AR 72201 | Phone: 501-376-3423
• Website: www.arkansaslegal.org

Forms to Establish Power of Attorney for Minor Children

• Website: https://arlawhelp.gavel.io/run/playground4/ARLawHelp_POA_for_Minor/#/2

El Zocalo Immigration Resource Center

El Zocalo Immigrant Resource Center, located inside Geyer Springs United Methodist Church, works to connect immigrants and families in need with services and support. They provide education and advocacy to the community and mental and emotional support.

• Address: 5500 Geyer Springs Road, Little Rock, AR 72209
• Website: www.zocalocenter.com

Intransitive

Intransitive supports Trans immigrants by providing services including translation, advocacy, organizing, mobilizing and advocating for the abolishment of all cages.

• Address: 10420 Helm Drive, Mabelvale, AR 72103 | Phone: 501-400-8060
• Website: www.intransitive.org

Mexican Consulate in Little Rock

• Address: 3500 South University Avenue, Little Rock, AR 72204 | Phone: 501-372-6933
• Website: https://consulmex.sre.gob.mx/littlerock
• Emergency Contact Line: 501-952-3462
  • NOTE: This phone number is exclusively for critical situations affecting safety including immigration enforcement activity.