2024 Election: Interacting with Officials
The contents of this page does not constitute legal advice. The authors are not lawyers and do not claim legal expertise. Readers are encouraged to consult a lawyer as soon as possible.
Interacting with Police or Immigration
Some things are repeated over and over again when asking about how you should behave, and we have tried to repeat them below. As always, talk with your lawyer for real legal advice.
You may end up in an immigration raid at your work, immigration may come knocking at your home, or you may end up in a traffic stop. Everyone, however careful you are, can end up interacting with the police or immigration officials. Make sure you remember the following:
- If police or immigration approach you, stay calm, don’t try to run away. Trying to run away can be an admission of guilt and can be used against you in the future.
- Do not lie to officials, and do not give them false papers. Both of those are enough to get you convicted and deported, regardless of your status. It is much better to say nothing than to say the wrong thing!
- You have the right to remain silent. You do not have to give your name or immigration status (with some exceptions), or answer any questions. Respond “I exercise my right to remain silent and I want to talk to my lawyer as soon as possible” to every question.
- Unless they are arresting you, police and other officials do not have the right to search you or your property. In a traffic stop, police officers may conduct a limited search of your car in some circumstances.
- If police or immigration come to your house, don’t open the door. Opening the door can be seen as inviting them in. Talk through the closed door. Ask to see a search warrant if they have one. Only a search warrant signed by a judge counts: if they have that, you have to let them in. Other official papers do not count. Ask them to slide a search warrant under the door or show it through a window. If they do not have a search warrant, tell them you exercise your right to remain silent.
Exceptions to remaining silent
In Maryland, police cannot ask you to identify yourself, unless they suspect you of carrying a gun. If they do not say that they suspect you of carrying a gun, you do not have to give them your name.
If you are not a citizen, and you have immigration papers, you must carry them with you at all times (if you are 18 or older). Talk to your lawyer about what papers you should have with you. If an immigration agent (not the police) asks to see your immigration papers, you must show them. If you do not have immigration papers, do not say you do not have these papers. Only repeat that you have the right to remain silent and want to talk to your lawyer.
If you are driving a car and stopped, police can ask to see your drivers license and registration, and you must show them. You do not have to answer any questions unrelated to your driving, including questions about your immigration status.