Immigrant Rights in the U.S.: Know-Your-Rights Guides (2026)

As of September 2026, this section collects our guides to immigrant rights in the United States: what to do if ICE comes to your door, how to record federal agents, how to avoid notario fraud and where to find legitimate legal help. Each guide answers one specific question. Start with the one that fits your situation.

These pages are general information. They are not a substitute for advice from a lawyer or an accredited representative about your case.

The Constitution protects immigrants too

The U.S. Supreme Court has said that the constitutional guarantees of due process and equal protection reach immigrants regardless of immigration status. In Plyler v. Doe, 457 U.S. 202 (1982), the Court wrote: "Whatever his status under the immigration laws, an alien is surely a 'person' in any ordinary sense of that term."

On the same page, the Court added that "Aliens, even aliens whose presence in this country is unlawful, have long been recognized as 'persons' guaranteed due process of law by the Fifth and Fourteenth Amendments." In that case, the Court held that Texas had not justified denying undocumented children the free public education it offered other children.

Those protections are narrower at the border. In Department of Homeland Security v. Thuraissigiam, 591 U.S. 103 (2020), the Court held that a person detained shortly after crossing the border without authorization "has only those rights regarding admission that Congress has provided by statute."

How each protection applies depends on the situation. Each guide in this section explains what the law protects in one situation and where its limits are.

If ICE comes to your door

What to Do If ICE Comes to Your Door explains why you do not have to open the door unless the agents have a judicial warrant signed by a judge. It shows the difference between that warrant and an ICE administrative warrant (Form I-200 or I-205), which does not authorize entry into your home without your consent.

The guide also covers your right to remain silent, how to ask agents to slide a warrant under the door, and what to do if ICE stops you in public or at work. For a printable reminder of those rights to keep on hand, our rights card generator builds one from your state's key legal facts. It ends with a family safety plan: emergency contacts, important documents and arrangements for your children.

Recording ICE and other federal agents

Three guides cover recording from different angles. If you read only one, start with the first.

Can you record ICE agents?

Can You Record ICE Agents? Know Your Rights by State explains the First Amendment right to record ICE agents doing their jobs in public. The Supreme Court has not ruled on the question directly, but a majority of the federal courts of appeals have recognized the right.

The guide explains how state audio-consent laws can affect you and where you can record: on the street, at home, at work and in government buildings. It also warns about the practical risk: people have been arrested or detained while recording.

Recording ICE during raids and detentions

Recording ICE During Raids and Detentions focuses on the moment of an operation: at your front door, at your workplace and on the street. It explains the difference between recording and interfering, and why your physical safety comes before getting footage.

It also covers phone and camera rules inside ICE detention facilities, what to do if your phone is confiscated, and how to back up a recording to the cloud before it can be lost.

Recording ICE, CBP and Border Patrol

Your Right to Film Federal Law Enforcement takes the question beyond ICE. It explains how the right to record applies to U.S. Customs and Border Protection (CBP) and Border Patrol agents, including in the 100-mile border zone and at ports of entry such as airports and land crossings.

The guide also summarizes CBP's own photography policy and what can happen if you are arrested for recording.

Notario fraud and legitimate legal help

In the United States, a notary public is not a lawyer. Notario Fraud in the U.S.: How to Spot It and Report It explains who may give you legal advice or represent you in an immigration matter under the federal rules (8 CFR 1292.1 for the immigration courts and 8 CFR 292.1 for DHS), and how to check whether the person helping you is authorized.

The guide includes a table of the laws in 40 states and the District of Columbia. Sixteen of those jurisdictions, including the District of Columbia, have a dedicated law for people who sell immigration services; in 35, the law bars non-lawyers from using the notario title, and 3 more allow the word only with a notice that the person is not a lawyer. It also lists red flags and explains how to report fraud to the FTC, to EOIR and to your state consumer protection office.

When you look for help, USCIS says you do not need a representative to file forms with USCIS and may file them yourself. If you choose a representative, USCIS says to make sure the person is an attorney or an accredited representative working for a Department of Justice recognized organization.

The Executive Office for Immigration Review (EOIR) publishes rosters of recognized organizations and accredited representatives, including a list by state. For people with a case in immigration court, EOIR also publishes a List of Pro Bono Legal Service Providers.

Work and wages

Wage Theft: Your Rights as a Worker Regardless of Immigration Status explains how federal wage law applies to undocumented workers, what the Hoffman Plastic decision did and did not decide, how long you have to file, and how to file a complaint with the Department of Labor's Wage and Hour Division. It also summarizes what several large states say about workers' immigration status.

Can My Employer Threaten to Call Immigration? covers when a threat to report a worker's status is unlawful retaliation under federal law, which states have laws that address these threats directly, whether you can record the threat, and where to report it.

ID, driving and housing

Driver's Licenses for Undocumented Immigrants by State lists the states that issue a license or driving card regardless of immigration status, what documents they usually ask for, the limits of these licenses under REAL ID, and the states whose laws treat some of these licenses as invalid for driving there.

Is a Matrícula Consular Valid ID in the U.S.? explains what the Mexican consular ID is, where banks and some agencies accept it, the states that restrict it, and why it is not a U.S. immigration document.

Renting Without a Social Security Number covers what federal fair housing law does and does not say, the state and city laws that limit questions about immigration status or accept other ID, federally assisted housing rules for mixed-status families, and what never to do on a rental application.

Police stops and detention

Your Rights at a Traffic Stop as an Immigrant explains what the driver and passengers must show and say, the states that require you to give your name, the right to stay silent about your status or birthplace, searches, and recording the stop.

A Family Member Was Detained by ICE: What to Do walks through the first hours: finding a detained person with the ICE locator, staying in contact, how immigration bond works and how it is paid, recent changes to who can be released on bond, free legal help, the consulate's role, and planning for children.

Immigration court

Your Right to an Interpreter in Immigration Court explains when the court provides an interpreter at no cost, how to ask for one in your language or dialect, what to do if you do not understand the interpreter, and the different rules for USCIS interviews. It also explains that the government does not provide a free lawyer in immigration court.

Scams

Phone Scams Targeting Spanish Speakers in the U.S. describes common scams, including fake immigration officials and the "relative in trouble" call, what government agencies say they never do by phone, how to try to recover money by payment method, and where to report a scam in Spanish.

Working for ICE with a criminal record

Can You Become an ICE Agent with a Criminal Record? answers a different question: what happens if you want to work for ICE. It explains how the background investigation works, which offenses ICE lists as bars on its own hiring pages, and why a misdemeanor domestic violence conviction affects the firearm eligibility its agent positions require.

It also explains when expungement or a pardon can help, and which other federal law enforcement careers exist.

Disclaimer: This page provides general information about U.S. law and is not legal advice. For a question about your case, consult a lawyer or an EOIR-accredited representative.