Knowing your rights with police and ICE

These rights apply in every encounter, police, ICE, or otherwise. Practice saying them out loud. The nervous system freezes under stress; muscle memory helps.

1. "Am I free to leave?": If yes, leave calmly. If no, you're being detained (but not necessarily arrested).

2. "I am going to remain silent.": You have the right not to answer questions beyond identifying yourself when legally required. Saying this out loud triggers your protection.

3. "I do not consent to any search.": Say it clearly, even if they search anyway. Consent searches are legal; non-consent searches need a warrant or probable cause. Your statement is documented.

4. "I want to speak to a lawyer.": Once you say this, questioning must legally stop. Memorize this phrase.

5. "Am I under arrest?": Forces clarity. If not under arrest, "Am I free to leave?" applies.

⚠️ Being polite is fine. Answering questions is not required. The two are not the same thing.

On the street: Oregon is NOT a stop-and-identify state, you are generally not required to give your name to police unless you're being arrested or in a traffic stop. You can ask "Am I free to go?" If yes, leave. If no, remain silent and ask for a lawyer.

Traffic stop: You must produce your driver's license, registration, and proof of insurance. You do not have to answer other questions. "I'm going to remain silent" is a complete sentence. You do not have to consent to a search of your vehicle.

Recording: Oregon is a one-party consent state. You can record police encounters on your phone. You don't have to announce it. Do it from a safe distance and don't interfere.

🏳️‍⚧️ If your ID has a name or gender marker that doesn't match your presentation, you're not required to explain or justify your gender identity. Produce the ID you have. Oregon law prohibits discrimination based on gender identity, including by law enforcement.

You do not have to open the door unless police have a warrant signed by a judge.

1. Ask through the door: "Do you have a warrant?"
2. If yes: ask them to slide it under the door or hold it to a window. Read it carefully, it must list your specific address, be signed by a judge, and say what they're allowed to search.
3. If no: you don't have to let them in. You can step outside to speak with them if you choose, but close the door behind you.
4. Don't consent to a search even if they're pressuring you. "I don't consent to a search" is always the right answer.
5. Record if it's safe to do so.

If the warrant is valid: cooperate physically, but remain silent beyond identification. Call a lawyer as soon as you can.

ICE and police operate under different rules. The most important difference:

ICE warrants are administrative, not judicial. An administrative ICE warrant does NOT allow them to enter your home. Only a warrant signed by a judge does. Ask: "Is this a warrant signed by a judge?" If no, they cannot enter without your consent.

Your rights with ICE:

• You have the right to remain silent about your immigration status
• You have the right to refuse to sign anything without a lawyer
• You do not have to open your door for an administrative warrant

Oregon is a sanctuary state. Under ORS 181A.820, local police are prohibited from assisting ICE in most cases.

Red card, print and carry this:

"I do not wish to speak with you, answer your questions, or sign or hand you any documents based on my 5th Amendment rights. I do not give you permission to enter my home based on my 4th Amendment rights unless you have a warrant signed by a judge with my name on it that you slide under the door. I do not give you permission to search any of my belongings."

If you or someone you know is detained by ICE:

• Portland Immigrant Rights Coalition (PIRC): pirc.org
• Immigration Counseling Service: 503-235-8990
• CAUSA Oregon: causaoregon.org

Trans people, especially trans women of color, face specific risks that don't show up in standard KYR guides.

Housing in arrest/detention: Jails and ICE facilities often house trans people by birth sex rather than gender identity. You have the right to request housing according to your gender identity. Make the request in writing, and document that you made it.

Name and pronouns: You can insist on your chosen name and pronouns. Document misuse by noting officer name, badge number, and what was said. This creates a record for complaints later.

Searches: You can request a same-gender officer for pat-downs. This request is legally ambiguous and may not always be granted, but it's worth making, and the request itself is documented.

Medication access: HRT is prescription medication. You have the right to continued access to your medications in detention. Write your prescription information (medication name, dose, prescribing doctor) on a card in your wallet.

ID mismatch: If your legal name on ID doesn't match your chosen name, use your legal name during the encounter to avoid escalation. You don't have to explain or justify your gender identity.

🏳️‍⚧️ ACLU Oregon and Basic Rights Oregon have worked with trans people in detention situations. If you're arrested, contact them as soon as you can.

If you're at heightened risk, undocumented, trans, sex worker, active in direct action, or just living in a system that doesn't always treat you fairly, build this plan now, before you need it.

Write down and share with trusted people:

• 2 to 3 emergency contacts who would know if you didn't check in
• A lawyer's name and phone number (memorized or in your wallet, not just your phone)
• A plan for children or pets if you're detained
• Who can access your finances for bail if needed
• Where your important documents are (IDs, court orders, HRT prescriptions) and who can access them
• A communication code word that means "I need help" with people you trust

Free legal resources if you need a lawyer:

• Oregon Justice Resource Center (ojrc.info): criminal justice cases
• ACLU Oregon (aclu-or.org): civil rights and immigration
• Basic Rights Oregon (basicrights.org): trans-specific legal issues
• Oregon Law Center (oregonlawcenter.org): civil legal aid for low-income Oregonians

Review this plan once a year or when your life circumstances change.

After any encounter with police or ICE, document everything immediately, memory fades fast.

Write down:

• Date, time, and location
• Officer or agent names and badge numbers
• Exactly what was said (as close to verbatim as you can)
• What was searched, taken, or done
• Witnesses and their contact information
• Any injuries or property damage, photographed

Where to report:

• ACLU Oregon (aclu-or.org), tracks civil rights violations, builds the legal record
• Oregon Justice Resource Center (ojrc.info), criminal justice cases
• Basic Rights Oregon (basicrights.org), trans-specific discrimination
• Portland Independent Police Review (portland.gov/ipr), police misconduct complaints
• Oregon DOJ Civil Rights Unit (503-378-5348), state-level civil rights violations

Filing a report protects you and creates a record that helps protect others facing the same treatment.