What Are Your Rights During an ICE Peaceful Protest in California
As protests erupt across California in response to recent ICE raids, many are taking to the streets to stand against unjust immigration enforcement. If you're one of them, knowing your rights is more than empowering, it’s necessary. Whether you’re a citizen, immigrant or ally, the law protects your right to peacefully protest and limits what law enforcement can legally do during or after your demonstration.
Your Right to Peacefully Protest is Protected: Even During ICE Raids
Under the First Amendment of the U.S. Constitution, all individuals regardless of immigration status have the right to peaceably assemble, speak freely and demand change. This includes peacefully protesting government action, such as ICE raids or immigration policy enforcement. However, law enforcement agencies sometimes attempt to silence these protests through intimidation, unlawful arrests or even excessive force.
In California, the law explicitly limits how and when officers, including ICE agents, may interfere with these rights. If you are peacefully protesting and are met with police action, your constitutional protections don’t disappear.
What To Do if You’re Mistreated During a Peaceful Protest
If you are mistreated by law enforcement or anyone else while peacefully protesting, you have important steps you can take to protect your rights and seek accountability.
Immediate Steps
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Stay Calm and Safe: Do not argue, resist, or obstruct officers, even if you believe your rights are being violated. Keep your hands visible and remain as calm as possible
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Seek Medical Attention: If you are injured, get medical help as soon as possible. Medical records can serve as important evidence of mistreatment.
Document the Incident
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Write Down Details: As soon as you can, write down everything you remember about the incident, including the officers’ badge numbers, patrol car numbers, and the agency they work for
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Gather Witness Information: Get names and contact information for any witnesses who saw what happened
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Take Photos and Videos: Photograph any injuries and, if possible, record the incident. You have the right to record police in public spaces as long as you do not interfere with their duties.
What To Do If You’re Detained During a Protest
If you’re detained, meaning you’re not free to leave, stay calm and remember:
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You have the right to remain silent. You are not obligated to answer questions about your immigration status, where you were born, or how you entered the U.S.
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Do not consent to searches. You can say clearly, “I do not consent to a search.” ICE officers need a valid judicial warrant to enter your home or search your belongings.
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Ask, “Am I free to go?” If not under arrest, you have the legal right to walk away. If detained or arrested, continue to remain silent.
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Don’t sign anything. ICE or law enforcement may pressure you to sign documents. Do not sign anything without speaking to a trusted immigration attorney.
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You have the right to a hearing. If detained by ICE, you have a right to an immigration hearing and access to a list of free or low-cost lawyers.
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You may call a lawyer or family member. While you may not be guaranteed the traditional “three phone calls,” you are entitled to request legal assistance or inform loved ones of your detention.
These rights apply even if ICE agents are in plain clothes, using unmarked vehicles, or falsely identifying themselves as police. Document the interaction if it’s safe to do so, video recordings can be valuable evidence later.
Know Your Rights: Free Legal Guide Available in English and Spanish
To help our communities better prepare, Dolan Law Firm has created a Know Your Rights flyer that outlines what to do when confronted by police or immigration law enforcement, whether you're at home, in public, or pulled over.
We also offer a Spanish-language version to support our Latinx communities throughout California.
Standing Up Against Injustice Requires Protection
Protesting ICE raids isn’t just an act of resistance, it’s a constitutionally protected right. But if your rights are violated or you’re unlawfully detained, you don’t have to navigate the legal system alone.
If you or someone you know was mistreated during a peaceful protest, contact Dolan Law Firm for a free consultation. We’re here to help protect your rights and fight back against any abuse of power.
