Know Your Rights: Immigrants' Rights for Individuals, Organizations, and Businesses in New Jersey

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The threat of immigration enforcement raises concerns among many residents of New Jersey. It is essential to remember that every person in New Jersey—regardless of citizenship or immigration status—has rights. This guide outlines crucial information for individuals, organizations, and businesses to help navigate interactions with Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP) officers.

For Individuals

In Public Spaces

• ICE can enter public spaces without a warrant (e.g., office lobbies, restaurants, or stores).
• You may:
  • Ask for identification and the agency they represent.
  • Ask if you are free to leave.
  • You have the right to remain silent. You may tell the immigration agent, “I choose to remain silent.”
  • You may refuse consent to searches unless there is probable cause or a valid warrant.
  • Request an interpreter if needed.

If Detained

• Do not resist arrest.
• Request to speak to an attorney before making decisions or signing documents.
• Access free legal services at Pro Bono Legal Service Providers.
• Locate detained loved ones through the ICE Detainee Locator.

At Home

• ICE needs a valid judicial warrant to enter your home, except in emergencies.
  • Verify the warrant through a window or under the door. It must be signed by a judge and state “U.S. District Court” or a state court.
  • Administrative warrants (e.g., Forms I-200 or I-205) are not sufficient for entry.
• If agents enter without consent, remain calm, state your rights, and document the interaction.

Immigration agents are permitted to enter without your permission in an emergency, such as a threat to public safety or a threat to someone’s life. However, you still have a right to remain silent and document the interaction, including recording (so long as you don’t interfere with their law enforcement activities).

For Businesses and Organizations

In Public Areas

• Public spaces include dining areas, parking lots, or office lobbies. ICE can enter these areas but still requires probable cause or individual consent to detain anyone.

In Private Areas

• Clearly distinguish private areas with signage (e.g., “Employees Only” or “Authorized Personnel Only”).
• ICE cannot enter private areas without:
  • Your permission, OR
  • A judicial warrant signed by a judge, OR
  • An emergency situation, such as a public safety threat.

If ICE Visits Your Premises

• Ask for identification and their purpose.
• Verify the validity of any warrant presented.
• You may refuse consent to searches without a valid warrant. If they proceed, do not resist; instead, state, “I do not consent to this search. I wish to remain silent and speak with an attorney.”
• Document interactions, including recording (if lawful and non-interfering).

Protecting Against Fraud

Be cautious of individuals claiming to be “immigration consultants” or “notaries.” Only licensed attorneys or accredited representatives authorized by USCIS can assist with legal immigration matters.

• Verify credentials through public attorney databases or government listings of accredited representatives.
• Report immigration scams to the New Jersey Division of Consumer Affairs at 1-800-242-5846.

Resources and Additional Information

• NJ Immigrant Trust Directive: Limits law enforcement involvement in civil immigration enforcement. Learn more at NJ Attorney General's Trust Directive.
• Immigration Rights in New Jersey: Know Your Rights (PDF).

Know Your Rights (PDF) Individuals (English)

Know Your Rights (PDF) Individuals (Spanish)

Know Your Rights (PDF) Businesses (English)

Know Your Rights (PDF) Businesses (Spanish)