Know Your Rights (AMEMSA)

Dec 13, 2019

Federal and local law enforcement have historically targeted Arab, Middle Eastern, Muslim, and South Asian (AMEMSA) communities, which may face scrutiny, surveillance, intrusive interviews, and unwarranted investigations. This includes requests for “interviews” from law enforcement that can be distressing for many community members.

Federal local authorities have subjected AMEMSA communities to surveillance in several ways, including:

Placing informants in community and religious organizations.

Encouraging the broader public to report “suspicious activity” which often results in prejudicial reports about AMEMSA community members that are then pursued by law enforcement.

Physical surveillance of AMEMSA community members.

Collection of information about community members through various surveillance technologies, including monitoring of online activity.

AMEMSA communities and those perceived to belong to AMEMSA communities also face hate incidents and hate crimes from public institutions and private institutions and individuals.

The civil rights community is here to support AMEMSA communities. You can contact us if you have legal concerns about something that happened to you or your community, to request a “Know Your Rights” presentation, and for additional information and materials. We have interpretation support in a variety of languages.

Federal Bureau of Investigation “Voluntary Interviews”

If the FBI contacts you:

Since September 11, 2001, countless AMEMSA community members have been contacted by the FBI, Department of Homeland Security and local law enforcement at their homes, places of business and places of worship. These community members are approached by law enforcement under various pretexts including issues of travel, immigration, civil rights, involvement at the masjid, or other “community concerns.” These conversations may be cordial, and you may be inclined to talk to the agents, but we strongly recommend you do not speak to them without an attorney.

Here is what you should know if the FBI contacts you:

You always have the right to remain silent. You are not obligated to attend the interview or to answer questions from an FBI agent. Interviews are completely voluntary and your refusal to talk to the agent cannot be used against you in court. To assert this right, say, “I want to speak to a lawyer and to remain silent.”

You always have the right to request an attorney’s assistance. Even if you have already started talking, you can stop at any time. Tell the agent you do not want to answer any more questions without a lawyer present. You can also ask the agent for their card and tell them that your lawyer will follow up with them.

Asking for an attorney cannot be used against you. Some people mistakenly believe they can prove they are innocent by speaking to the FBI. This is extremely risky. Having an attorney makes you more prepared, and does not make you look guilty.

We strongly recommend you speak to an attorney before speaking to the FBI. An attorney can assess your situation and advise you on the best way forward. If you speak to the FBI without legal assistance, you can expose yourself or your friends and family to harm. The organizations listed in this booklet may be able to arrange free legal representation in connection with any FBI interview request. Try to get the names, agencies, badge numbers, and business cards of ALL of the agents and officers who contact you.

If you do speak with the FBI with or without an attorney, you have a right to set the terms and conditions of the interview. If you agree to be interviewed, you can determine the time, day, and place of the interview.

If you are at home when contacted, an FBI agent is not permitted to enter your home unless they have a valid warrant or your consent to enter.

If you have a cell phone with you, law enforcement agents are not allowed to search that device unless they have a warrant or unless you give them permission. If an officer tries to examine your phone, do not physically resist, but tell them politely, “I do not consent to a search of this device.” Even if the agent takes your phone, if the phone has a passcode or pattern lock, you have no obligation to share the passcode or pattern lock.

Tell the truth, or remain silent. Lying can be a crime. It is a felony to make a false statement to the FBI. Sometimes, forgetting your dates of travel or when you last met or spoke with a particular individual can be used against you as a basis for criminal prosecution. If you assert your right to speak to an attorney first, an attorney can help make sure this doesn’t happen.

Just because the FBI has contacted you, it does not necessarily mean that you have done anything wrong or even that you are under investigation. The FBI has targeted AMEMSA communities for questioning, even when there is no suspicion of a crime. But you should still take care to protect your rights.

If you have a pending application for immigration benefits, if the FBI references any pending application, or if the FBI references your immigration status, consult an immigration lawyer before answering any questions. Anything you say, even innocent mistakes, might be used in making a determination on your pending application. See https://www.aclusocal.org/en/CARRP.

The Trump administration has taken several actions affecting visa and green card holders, including attempts to arrest, detain, and seek to deport people engaged in pro-Palestinian activism. Many of these detentions and enforcement actions are actively being challenged in legal cases, but they highlight the current risks to visa and green card holders, as well as applicants for these immigration benefits. For these reasons, we strongly suggest consulting with an immigration lawyer before answering any questions from the FBI.

If you are at the border or airport attempting to return to the United States, special rules apply.

Rights at Airport and the U.S. Border

The Constitution guarantees to every U.S. citizen an absolute, unqualified right to enter the United States. If you can prove your citizenship (usually by showing a valid passport), then the government must allow you to enter. The Constitution prohibits customs and border agents from performing stops, searches, detentions, or removals based solely on religion, race, national origin, gender, ethnicity, or political beliefs.

Even if you are a lawful permanent resident (i.e. a green card holder), you cannot be refused entry to the United States except under specific legal grounds, described below. Only an immigration judge can take away your green card. As long as you prove your status as a permanent resident of the United States, your trip abroad lasted less than 180 days, and you did not commit a crime after departing the U.S., the government should allow you to enter the United States.

If you are not a citizen or lawful permanent resident, refusing to answer questions asked by airport or border officials could cause delay, and might also lead to officers denying your entry into the country.

When You Enter or Leave the United States

Customs and Border Protection (CBP) officers have the authority to ask your immigration status when you are entering or returning to the United States or leaving the country. They have the power to determine whether certain non-U.S. citizens have the right to enter the country. If you are a U.S. citizen and you have presented your valid passport, you do not have to answer officers’ questions, although refusing to answer routine questions about the nature and purpose of your travel could result in delay and/or further inspection. If you are a lawful permanent resident returning from brief and innocent travel abroad, and you present your valid green card, you must be admitted into the country. Your travel does not qualify as “brief and innocent” if any of the reasons listed in 8 U.S.C. 1101(a)(13) apply to you (which concern criminal activity after your departure from the U.S., continuous absence from the U.S. for over 180 days, or abandonment of permanent residence). If you are a non-citizen visa holder, you may be denied entry into the U.S. if you refuse to answer officers’ questions.

Sometimes border patrol agents go beyond questions related to a traveler’s journey. Although the agent may have a good faith basis for seemingly irrelevant questions, you can ask to speak to a supervisor if you are concerned about intrusive or excessive questioning about matters such as your religious practices, political beliefs, or your family or religious community. Or you can simply decline to answer those questions.

Although CBP takes the position that you are not entitled to an attorney during questioning at the border, we encourage you to have the telephone number of an attorney or legal services organization with you if you anticipate being subjected to interviews. If possible, carry a completed and signed Form G-28 as evidence you have an immigration attorney. Ask your interviewing officer to contact your attorney if you feel your rights are being violated: for example, if you are being forced to answer improper questions (particularly those you feel could incriminate you), or if you have been detained for a lengthy amount of time, such as four hours or more.

Do not feel pressured to sign any document an officer gives you. Government officials should not pressure you to sign any documents giving up your authorization to travel to or enter the U.S. If you are given a form to sign, make sure to read it thoroughly, and do not sign the form if it asks you to give up any rights that you wish to exercise.

If the form is in a language you do not understand, ask for someone to translate it for you. You can also ask for a lawyer, although government officials may not grant this request at the airport, or right away. If you choose not to sign the form, you can say, “I refuse to sign.” If they detain you, exercise your right to remain silent except to request to speak to a lawyer and/or call a loved one, and do not answer any questions until you have had the chance to speak to a lawyer.

If You Are Stopped or Searched Upon Entry or When Leaving the United States

Generally, CBP officers may stop, detain, and search any person or item at the border. This is true even if there is nothing suspicious about you or your luggage and no evidence of wrongdoing. Officers, however, may not select you for a personal search or secondary inspection based solely on your religion, race, national origin, gender, ethnicity, or political beliefs. Border officials may conduct “manual” searches of electronic devices like cell phones or laptops without reasonable suspicion, but “forensic” cell phone searches require reasonable suspicion. A manual search is one conducted by an officer without the use of external software, while a forensic search uses software to extract data from a device and analyze it.

CBP officers may ask for passcodes to electronic devices such as cell phones or laptops, for assistance unlocking devices, or for passwords to online accounts or social media.

U.S. citizens cannot be denied entry to the U.S. for any reason, including for refusing to produce passwords, provide device access, or submit electronic devices for a search. Lawful permanent residents generally cannot be refused entry unless their travel was not brief and innocent as defined in 8 U.S.C. 1101(a)(13). All travelers should be aware that as a practical matter, refusal to provide a password might lead to delay, lengthy questioning, and/or officers seizing your device for further inspection. For non-citizen visa holders, refusing to cooperate might also lead to officers denying your entry into the country.

If an officer searches and/or confiscates your laptop or cell phone, write down his or her name. If your device is confiscated, get a receipt for your property.

There are practical steps you can take before traveling to protect your digital data. For example, you can back up your device’s data to a cloud-based service and completely erase the device before leaving or returning to the U.S. To ensure your data is secure in the cloud, encrypt it before backing it up. Once you arrive at your destination, you can then download the backup and restore your data onto the device.

It is always a good idea to encrypt your digital devices and use a strong passcode—doing so will make it more difficult for agents to read your information if you refuse to give them your passwords. Shut down your devices before arriving at the border checkpoint (do not just put the devices to sleep). For additional information see Electronic Frontier Foundation’s Surveillance Self-Defense Project, “Keeping Your Data Safe,” available at https://ssd.eff.org/module/keeping-your-data-safe; and “Creating Strong Passwords,” available at https://ssd.eff.org/module/creating-strong-passwords.

Wearing Religious Head Coverings

You should assert your right to wear your religious head covering if asked to remove it before going through airport security screening. If an alarm goes off, however, airport security officers may request additional screening. They may then conduct a pat-down of your religious head covering or ask you to remove it. You have the right to request that the pat-down or removal be conducted by a person of your gender and that it occur in a private area. If you do not want CBP or Transportation Security Administration (TSA) officers to touch your religious head covering, you must refuse and say that you would prefer to pat down your own religious head covering. You will then be taken aside and a TSA officer will supervise you as you pat down your religious head covering. After the pat-down, the TSA officer may rub your hands with a small cotton cloth and place it in a machine to test for chemical residue. If you pass this chemical residue test, you should be allowed to proceed to your flight. If the TSA officer insists on the removal of your religious head covering, you have a right to ask that it be done in a private area. Officers may not conduct additional screening based solely on your race, national origin, religion, gender, ethnicity, or political beliefs.

Removal from Flight by Airline

An airline pilot may refuse to fly a passenger if they reasonably believe, based on observation, that the passenger is a threat to flight safety. A pilot may not, however, question you or refuse to allow you on a flight because of biased stereotypes, including any based on your religion, race, national origin, gender, ethnicity, or political beliefs.

Returning to the United States

If you are a U.S. citizen or green-card holder denied boarding in a foreign country due to apparent inclusion on the No Fly List or other watchlist, the U.S. government must help you return to the U.S. on a commercial flight. For additional information if you are denied boarding on a flight or believe you are on the No Fly List, see What to Do If You Think You're on the No Fly List.

Making Charitable Donations

It is not a crime to make charitable donations to an organization unless the organization has been designated as a terrorist organization under specific federal laws (such as 8 U.S.C. 1189 and 50 U.S.C. 1701, et seq) or you know that the donations are going to further terrorist activity as defined under federal law (as in 18 U.S.C. 2339A).

You should continue to give money to the causes you believe in, but you should be careful in choosing which charities to support. For helpful tips, see Muslim Advocates’ guides on charitable giving, available at

Charity Checklist

Guidance on Charitable Giving for American Muslim Donors

Guide for Charities & Mosques on Disbursing Charitable Contributions

Informants

Informants in AMEMSA Communities

The FBI defines an informant as “any individual who is believed to be providing useful and credible information to the FBI for any authorized information collecting activity, and from whom the FBI expects or intends to obtain additional useful and credible information in the future, and whose identity, information or relationship with the FBI warrants confidential handling.”

The number of informants used by the FBI and other federal agencies has grown substantially since 9/11, and many communities have complained about abuses by informants.

If You Suspect Someone is an Informant

If you think someone at your mosque or other organization is an informant you should raise your concerns with your imam or organizational leadership, and you or the leadership should consult a qualified attorney. Do not attempt to confront the informant directly.

If You Are Approached to be an Informant

If law enforcement asks you to become an informant, you have the right to refuse. Law enforcement officers might offer money or promise leniency on criminal charges or in immigration proceedings in exchange for becoming an informant. An officer might also threaten to impose more severe criminal charges, negatively adjust immigration status, or place a person on a government blacklist, like the No Fly List, for refusing to become an informant. It is important to know that if you agree to become an informant, the FBI maintains that it does not have to keep any promises or abide by assurances made in exchange for cooperation. The FBI also does not guarantee that a person’s identity as an informant will be kept secret.

We strongly urge you to talk to a lawyer before deciding to become an informant. It is especially important to consult a lawyer if a law enforcement officer threatens to impose more severe criminal charges, change your immigration status, or place you on a government blacklist if you refuse to become an informant.

Law Enforcement Interactions

If Police or Federal Agents Approach You

If you are stopped on foot, you do not have to answer any questions (in some states, you may need to provide your name to law enforcement if you are told to identify yourself).

Even if you provide your name, you do not have to answer other questions. You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. If you are undocumented or otherwise at risk for deportation, say, “I want to speak to a lawyer and to remain silent.” Then, stay silent. If you are a U.S. citizen or lawful permanent resident, you can show officers any documents proving your status. If you are over 18 and not a U.S. citizen, carry a valid registration document with you at all times. Other than a valid registration document, do not carry identity documents showing what country you are from or that you were born outside the U.S., such as a foreign passport. Do not reach into bags or pockets without telling an officer you are about to do so (they might think you are reaching for a weapon).

Never give any false information—lying to the police or federal agents can lead to serious consequences. The officer may “pat down” your clothing if they suspect a concealed weapon. Do not physically resist, but tell them politely, “I do not consent to a search.” Ask the officer, “Am I free to leave?” If the officer says yes, tell them you are going to walk away and then calmly walk away. Do not make any sudden movements (an officer might argue that they were “threatening”). Do not argue with the officer, or run away, even if you believe that what is happening is unfair. This could lead to your arrest.

If you have a cell phone with you, law enforcement agents are not allowed to search that device unless they have a warrant or unless you give them permission. If an officer tries to examine your phone, do not physically resist, but tell them politely, “I do not consent to a search of this device.” It may be lawful for law enforcement to unlock your phone using your fingerprint or facial recognition, even if it is against your will. It is not lawful for law enforcement to force you to unlock your phone using a passcode or pattern lock.

If you are pulled over in a car, upon request, show your driver’s license, registration, and proof of insurance. Sign your ticket if you are given one, and contact the traffic court by the date on the ticket. There are limits on the authority of the police to search your car, but if you consent to a search those limits are waived. If officers begin to search your car or ask for your consent, calmly and clearly state, “I do not consent to a search,” but do not physically interfere with their actions.

If you are at home and police, FBI, or immigration officers knock and ask to enter, do not allow them to enter or search your home. You can speak to them through the closed door and ask them to show you a badge or identification by holding it up to the peephole or sliding it under the door. Ask if they have a warrant signed by a judge. If they say yes, ask them to slide it under the door so you can inspect it. Take photos of the documents. Check to make sure the warrant is signed by a judge (not by an ICE officer) within the last 14 days, and lists your name, address, and items or places to be searched exactly. If there are any mistakes, tell the agents the warrant is not valid. Note that immigration officers often do not have valid judicial warrants. They often present “administrative” arrest warrants signed by an ICE officer, but these are not valid judicial warrants and do not allow immigration officers to enter your home without your consent. Law enforcement personnel can enter without consent only in limited circumstances:

The officers have a warrant signed by a judge—ask them to slip it under the door so you can see it. Check the name and address are exactly correct; if they are not, tell the officers the warrant is not valid. Check the scope of area to be searched, and object to any search beyond what is listed in the warrant. Make sure the warrant is signed by a judge, not an ICE officer. See these resources for more information on the difference between a judicial warrant (allows entry) and an immigration warrant (does not allow entry):
- CAIR: What if ICE Shows up at My Masjid?
- National Immigration Law Center: Subpoenas and Warrants

The officer is aware that you are on probation or parole with a search condition that allows the officer to enter.

There is an emergency, such as a person screaming for help inside your home or the police are chasing someone.

For your safety, do not physically resist law enforcement officers seeking to enter your home even if they have not met these criteria. Simply state that you do not consent to the search.

If You Are Questioned About Your Immigration Status

You have the right to remain silent and do not have to discuss your citizenship status with police, immigration agents, or any other officials. To assert this right, we recommend saying, “I want to speak to a lawyer and to remain silent.”

You do not have to answer questions about where you were born, whether you are a U.S. citizen, or when or how you entered the country. Any immigration information you provide in response to these questions can be used against you in immigration court.

If you have a green card, you are required to present it to an immigration officer upon request. Do not lie about your citizenship status or provide fake documents, and avoid carrying false identity documents or documents proving you were born outside the U.S., other than a valid registration document (such as a green card or other proof that you are lawfully present in the U.S.).

If you are on a non-immigrant visa, consider carrying non-foreign identification (e.g., student ID) and/or a document that shows you have lived in the U.S. over two years, if applicable. If in doubt, consult an immigration attorney about what documents to carry with you.

If You Are Under Arrest

If you are arrested, the police have a right to search you and the area around you. You should always state politely and clearly, “I do not consent to a search.”

The officer should read you your Miranda rights before questioning you, which include your right to remain silent and your right to an attorney. To exercise your right to remain silent, you should state politely and clearly, “I want to speak to a lawyer and to remain silent.” If you are under 18, you can also ask to speak to your parent or guardian.

You have a right to ask for the officer’s name and badge number.

Keep your hands where the police can see them. Do not resist, run away, or touch the police officer. If you are placed near or in a police car, anything you say may be recorded even if there are no police officers around you.

Social Media Privacy

Law enforcement entities have been known to monitor social media posts, groups, and profiles available to the public. Acquaint yourself with the privacy settings of the social media services that you use. The default settings on some services will make posts and profiles publicly visible by default. If you choose to adjust your privacy settings, it is important to remember that even non-public posts are visible to persons who are friends with the original poster. Similarly, content within “private” groups is visible to group members, including group members you may not know. Agents may impersonate individuals and gain access to such groups, allowing them access to the group’s membership lists posts, events, and other data. Law enforcement entities may also be able to obtain non-public information by sending subpoenas to the social network.

Hate Crimes and Incidents

A hate incident is an action or behavior motivated by hate but that does not rise to the level of a crime. In many cases, these activities are legally protected under the First Amendment. These can include name-calling, insults, displaying hate materials on someone’s own property, showing hate material without causing property damage, or distribution of materials with hate messages in public places.

A hate crime, on the other hand, is an incident directed against a person or property that is motivated in whole or in part by the victim’s race, religion, sexual orientation, gender, gender identity or expression, disability, national origin, or ethnicity. Such an incident can include physical violence, verbal attacks, and attacks on property. There has been an increase in hate crimes/incidents directed at AMEMSA communities.

It is important to distinguish a hate crime from a hate incident because law enforcement generally responds to and investigates hate crimes only. Even if a case rises to the level of a hate crime, law enforcement is often hesitant to charge the crime as a hate crime, due to the additional requirement of proving a specific intent or motivation.

If You Need to De-Escalate a Hate Crime or Incident as it is Happening

If it is possible to walk away, walk away from the situation; do not engage. If safe to do so, attempt to document the situation. If you are driving and are being followed, drive to a well-lit, public area such as a shopping mall or grocery store.

If you witness someone being subjected to a hate crime or incident, do not confront the perpetrator. Instead, engage the victim in conversation and ignore the perpetrator. Discuss a random subject with the victim and create a safe space until the perpetrator leaves. Escort the victim to a safe place if necessary.

What to do after a Hate Crime/Incident

Seek medical and mental health care. Keep receipts or invoices related to the treatment you received because of your injuries.

Document the incident. Write down what happened, language used, and if appropriate take pictures.

Report. To have the particular incident addressed and ensure others are not subjected to further harassment, report it one of our legal organizations, your congressperson’s office, or your local police department. If you need to report a hate crime to law enforcement immediately or you are in current danger, call 911.

If you are in a non-urgent situation, and you have concerns about your immigration status, including past criminal convictions that may be grounds for removal, we recommend reaching out to a trusted immigration attorney for advice on what kind of information you will be asked to provide to law enforcement, your rights, and how reporting may involve your immigration case. Our organizations have lists of referrals to immigration attorneys we can share with individuals who reach out.

If you wish to help efforts to gather data around hate crimes, consider reporting the crime to https://stopaapihate.org/ or, if you are in California, to the State of California’s CA vs. Hate webpage.

Contact Information and Supporting Organizations

Published in June 2025 by the ACLU of Northern California, ACLU of Southern California, ACLU of San Diego and Imperial Counties, Asian Law Caucus, and Council on American Islamic Relations–California

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