Know Your Rights & Responsibilities in the US
Understanding your legal rights and responsibilities is essential while living in the United States. Laws and norms may differ from your home country, and violations—intentional or not—can have serious consequences, including for your immigration status.
All individuals in the US, regardless of immigration status, country of origin, or citizenship, are entitled to certain fundamental rights that must be upheld by authorities such as the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), and local law enforcement
Your Legal Rights
- Right to remain silent: You are not required to answer questions from law enforcement without an attorney present.
- Right to an attorney: You can request a lawyer or public defender before answering any questions or signing documents.
- Right to request an interpreter.
- Right to contact your country's Consulate.
- Right to refuse searches or entry unless a judge-signed warrant is presented. (A so-called administrative warrant that is not signed by a judge is not sufficient.)
- Right to a hearing before a judge in most cases.
- Right to make a local phone call after an arrest or detainment
- Right to refuse to sign any documents until consulting a lawyer.
Stetson University Policies and Responsibilities
As a Stetson student or scholar, you are expected to follow Stetson University policies and the Student Code of Community Standards to avoid academic and legal consequences. Familiarize yourself with policies on:
- Academic integrity, research, and intellectual property.
- Alcohol and drug use.
- Discrimination and harassment.
- Maintaining your F-1 or J-1 immigration status: Failure to follow immigration rules could result in termination of your SEVIS record, loss of status, or future visa denials. Always consult with WORLD before making changes to your program, employment, or travel plans.
Interactions With Law Enforcement
At the US Port of Entry
- Officers may search you, your bags, phone, and electronic devices.
- If your devices are taken, request a receipt with officer details for follow-up.
- At land borders, authorities may search both you and your vehicle.
If Law Enforcement Visits Your Home
- You are not required to open the door unless a warrant is presented.
- Both police and ICE agents need a judge-signed warrant to enter.
- If they enter without a warrant, you can say: "I choose to exercise my right to remain silent. I do not want to answer any questions without an attorney present. I do not consent to a search."
If You Are Stopped While Driving
- Pull over safely, remain in the car, and wait for the officer.
- Provide your driver's license, registration, and proof of insurance if requested.
- You are not required to show a foreign ID or disclose your nationality.
- Move slowly and explain any actions when reaching for documents.
If You Are Arrested or Detained
- Do not resist arrest—even if you believe it is wrongful.
- State that you wish to remain silent and request a lawyer.
- You have the right to make a local phone call. You can call your emergency contact or a lawyer and make sure they know your location and how to reach you.
- You have the right to a public defender if you cannot afford a lawyer.
- Certain arrests or convictions may lead to visa revocation, but this does not always mean your immigration status is revoked.
If Your Rights Are Violated
- Do not physically resist or threaten an officer.
- Write down details: officer names, patrol car numbers, witness contacts.
- Seek medical attention and take photos if injured.
- Consult an attorney—consider both a criminal and immigration lawyer.
Resources
- American Civil Liberties Union (ACLU): Stopped by Police | Enforcement at the Airport | Immigrant Rights
- American Immigration Lawyer Association (AILA): Know Your Rights if ICE Visits
- IAmerica: Know Your Rights
- Carry a know-your-rights card
Disclaimer: Please note that the content on this page is not intended to be legal advice. For further guidance, we recommend you consult with an attorney.