Other LanguagesThis guidance is meant to inform you about your rights when witnessing immigration enforcement activity. The AG’s office cannot guarantee that immigration enforcement agents will act in a manner consistent with this guidance in any given situation.
Always make an informed decision about your activity, considering your own personal safety and risks. This guidance is based on current law as of the date published and it is not legal advice. You are encouraged to discuss all legal issues and questions with your attorney.
You have the right to record law enforcement officer activity, including ICE, in public places.
- The First Amendment generally protects filming, audio recording, and photography of officials engaged in their duties in a public place, including law enforcement officers, so long as you are not trespassing or violating a lawful order.
- For example, you may record an officer during a traffic stop, as long as you do not interfere with the officer’s ability to perform their duties.
- The right to record is subject to reasonable time, place, and manner restrictions. You must not interfere with what an officer is doing, and stand far enough away to not restrict their movements. If asked to step back, a person that is recording must take a reasonable distance from the officer.
- You should not hide the fact that you are recording. Film openly and keep your hands visible.
You can ask for their information. You may write down or record the name, agency, badge number, telephone number, or other identifying information from an immigration official.
You have the right to be silent. If you are asked questions by an officer as you are recording, you still retain the right to remain silent. You do so by saying, “I am exercising my right to remain silent.”
You have the right to ask if you are free to leave. If you are not being detained, you are not required to stay if you want to leave and may ask if you are free to go. This question does not waive your right to remain silent – you may still remain silent if you would like.
You do not have to consent to a search.
- If an officer orders you to stop recording, you can tell the officer that you do not consent to doing so. You may ask the officer for their legal authority to require you to stop.
- You do not have to permit an officer to search your person, or allow them access to your cell phone. You can say, “I do not consent to a search.”
- If an officer attempts to take or confiscate your device, you may ask them for the basis of their “nonconsensual search.”
Minors have the same protections as adults, and have the right to remain silent.