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Stay calm, do not lie or show false documents, and do not physically resist. In general, you may remain silent about your immigration or citizenship status; say so clearly and ask, “Am I free to leave?” The right response can depend on why you were stopped, whether you are driving or under arrest, local law, and whether the officer is acting under federal immigration authority.
What to say when police ask about your status
You can say: “I am choosing to remain silent. Am I free to leave?” The American Civil Liberties Union (ACLU) says people generally do not have to discuss their immigration or citizenship status with police or other officials. If you choose to use that right, make your choice clear rather than assuming the officer will infer it from silence.
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Do not lie about your status, provide false information, or show false documents. Stay calm, keep your hands visible, and do not run, resist, or obstruct the officer. Remaining silent about immigration status does not necessarily remove separate identification or document requirements that may apply in your circumstances.
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- Stay calm and keep your hands visible. Do not run, physically resist, obstruct, lie, or present false documents.
- Ask, “Am I free to leave?” If the officer says yes, leave calmly. If the officer says you are not free to leave, do not physically resist.
- If asked about citizenship or immigration status, state that you are choosing to remain silent. Do not assume this resolves any separate requirement related to driving, an arrest, or a status-specific document rule.
- If it is unclear who the officer works for, ask which agency they represent if it is safe to do so. State and local officers, federal immigration agents, and local officers acting under delegated federal authority are not interchangeable.
- If detained or arrested, ask to speak with a lawyer before answering substantive questions or signing anything. If you are a noncitizen facing criminal charges or a plea, ask an immigration lawyer about possible immigration consequences.
Why the officer’s role and the type of stop matter
| Situation | What to keep in mind |
|---|---|
| Voluntary encounter with state or local police | Ask whether you are free to leave. You may generally remain silent about immigration or citizenship status. |
| Detention or arrest | Do not physically resist. Clearly state that you wish to remain silent and want a lawyer before answering substantive questions. |
| Traffic stop | Traffic-stop and identification requirements may apply separately. Do not assume that the general right to remain silent about status settles what you must provide in a driving encounter. |
| Federal immigration agent, or local officer acting under federal authority | Different document and enforcement considerations may apply. The ACLU’s federal-agent guidance says a noncitizen asked by an immigration agent for immigration papers may have to show papers they carry; that guidance should not be treated as a universal rule for every local-police encounter. |
Some state or local officers may act under federal authority or participate in joint task forces. The Immigrant Legal Resource Center’s January 20, 2026, Know Your Rights FAQ describes differing state rules, so the officer’s agency alone may not tell you which authority applies.
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What the law says about local police asking about immigration status
The U.S. Department of Justice Office of Legal Counsel stated in its February 5, 1996, opinion, Assistance by State and Local Police in Apprehending Illegal Aliens: “State and local police lack recognized legal authority to stop and detain an alien solely on suspicion of civil deportability, as opposed to a criminal violation of the immigration laws or other laws.”
That opinion distinguishes suspicion of civil deportability from a criminal immigration-law violation or another law violation. It is an official opinion, not a current survey of every jurisdiction or a complete account of later legal developments. Its application depends on current governing law, state and local rules, and the facts of a particular encounter.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.When to get legal help
Ask for a lawyer if you are detained or arrested, face criminal charges, or are unsure how an answer could affect your immigration status. If you are a noncitizen, get immigration-law advice about the possible consequences of a charge, conviction, plea, or statement before making decisions about your case. The ACLU’s guidance and the Immigrant Legal Resource Center’s FAQ provide general information; they cannot determine what you personally must show or answer in a specific encounter.
This is general U.S. legal information, not individualized legal advice. State and local law, the reason for the encounter, whether you are driving or under arrest, and any delegated immigration-enforcement authority can change the analysis.
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