Are Police Allowed to Ask About Immigration Status During Arrests in New York?

This is a complicated issue with no simple yes or no answer. There are many factors at play when it comes to what police can and cannot ask during an arrest in New York. Let’s break it down step-by-step:

Can police ask about immigration status during an arrest?

In general, police officers in New York can ask about a person’s immigration status during an arrest, but there are some important caveats:

• You have the right to remain silent – you do not have to answer questions about your immigration status
• Anything you tell the police can be used against you later in immigration court
• If you have valid immigration documents, you must show them if asked

So in summary, the police can ask, but you don’t have to answer. And if you do answer, be aware it could come back to hurt you later.

What about ICE agents – can they ask about status?

Immigration and Customs Enforcement (ICE) agents have more authority than regular police when it comes to asking about immigration status. Specifically:

• ICE agents can ask for your immigration papers if they suspect you are undocumented
• They can also ask about your status when entering or leaving the country

For lawful permanent residents (green card holders), refusing to answer ICE’s questions could cause delays, but generally won’t bar you from entering the U.S. However, visa holders could potentially be denied entry for refusing to answer.

What are the risks of discussing status with police or ICE?

There are a few key risks if you choose to discuss your immigration status with law enforcement:

• Anything you say can be used against you later in immigration court
• It could lead to you being detained or deported
• Even if you are released after an arrest, ICE could pick you up later

For these reasons, most experts recommend politely declining to discuss your status and asking to speak with a lawyer instead.

What about arrests for other crimes – do they affect immigration?

Yes, absolutely. Being arrested for any crime in the U.S. can negatively impact your immigration status. A few key points:

• Even minor crimes like shoplifting can count as “moral turpitude” and be grounds for deportation
• Any arrest will show up on background checks when applying for visas or green cards
• Consult an immigration attorney before pleading guilty – some pleas carry worse immigration penalties

Bottom line – arrests, even for minor offenses, can derail your immigration case. Fight the criminal charges and consult a lawyer before making any plea deals.

What should I do if police try to question my status?

Here are some tips if you find yourself in a situation where police are asking about your immigration status:

• Politely decline to answer questions and ask to speak with your lawyer
• Do not carry false documents or lie about your status
• If arrested, ask to make a phone call and contact a lawyer immediately
• Do not sign anything or make any statements without a lawyer present
• If detained, ask for an immigration bond hearing to get released

Following these steps will help protect your rights and minimize any potential immigration consequences of the arrest.

What about reporting crimes – does that affect status?

Generally speaking, no. Undocumented immigrants who are victims of or witnesses to crimes can report them without fear of deportation. A few key protections:

• U visa – for victims/witnesses of certain crimes who cooperate with police
• T visa – for victims of human trafficking who assist investigations
• VAWA – protects victims of domestic violence or abuse
• Sanctuary cities – limit cooperation between police and ICE

So in most cases, you can safely report crimes without putting your immigration status at risk. Speak to a lawyer about potential protections before contacting police.

What about DACA recipients – any special considerations?

For recipients of Deferred Action for Childhood Arrivals (DACA), arrests can jeopardize your protected status. Specifically:

• Arrests can be grounds for revoking DACA status
• Any criminal conviction makes you ineligible to renew DACA

As such, it is critical for DACA recipients to avoid arrests and convictions in order to maintain their immigration protections. Consult a lawyer immediately if arrested.

Key Takeaways

• Police can ask about status during arrests, but you don’t have to answer
• ICE has more authority to demand immigration papers
• Arrests can negatively impact visas, green cards, and deportation
• Consult a lawyer if arrested and avoid discussing status
• Protections exist for crime victims/witnesses to report safely

Immigration law is nuanced, so consult with an attorney if you have any interactions with police or ICE. Know your rights, and don’t be afraid to assert them.