Regardless of your immigration status, each resident or visitor in Hawaiʻi has constitutional rights. This page explains what those rights are, how to protect yourself and others if you witness or experience an enforcement action, and where to get help or report an incident with ICE agents.
If you're looking for this information in other languages, please consult the ACLU website.
Your rights under the constitution
Constitutional protections apply to everyone in the United States, regardless of immigration or citizenship status. The ACLU's immigrants' rights guide covers these in detail and is available in English, Spanish, Tagalog, and other languages.
The right to remain silent. The Fifth Amendment protects you from being compelled to answer questions. You are not required to answer questions about your identity, where you are from, or your immigration status. You can say: "I am exercising my right to remain silent."
The right to refuse entry without a judicial warrant. The Fourth Amendment protects you from unlawful searches and entry into your home. ICE agents cannot enter without either your consent or a judicial warrant: one signed by a judge and specifying your name and address. An ICE administrative warrant (Form I-200 or I-205) is not the same as a judicial warrant and does not give agents the right to enter. If agents come to your door, you can speak through the door without opening it and ask to see their warrant.
The right to refuse searches. You do not have to consent to a search of your person, vehicle, or property. You can say: "I do not consent to this search."
The right to an attorney. If you are detained, you have the right to speak with a lawyer before answering any questions. Do not sign any documents without legal counsel. If you cannot afford a lawyer, say so and ask for one.
You do not have to disclose your immigration status. This applies whether you are approached on the street, at a workplace, at a school, or anywhere else.
If ICE approaches you in a public place
Stay calm and do not run or physically resist, even if you believe the stop is unlawful. State clearly that you are exercising your right to remain silent. Do not answer questions about your immigration status, birthplace, or how you entered the country.
If you are driving, you may be required by state law to show a valid driver's license. You are not required to show other documents.
Ask calmly: "Am I being detained, or am I free to go?" If you are not being detained, you may leave. If you are detained, do not resist physically. State that you do not consent to any searches, and ask to speak with an attorney immediately.
If ICE comes to your home
You do not have to open the door. Ask through the door: "Do you have a judicial warrant?" If they say yes, ask them to slide it under the door or hold it up to a window so you can read it. Check that it is signed by a judge and includes your name and address. An ICE administrative warrant does not give agents the right to enter.
If they do not have a judicial warrant, calmly tell them you do not consent to entry. Do not open the door out of fear or pressure: opening the door can be interpreted as consent to enter.
If agents force their way in, do not physically resist. Clearly state: "I do not consent to this search." Document everything you can as soon as it is safe to do so.
If ICE comes to a school
In most cases, ICE does not have jurisdiction inside schools. If you suspect agents are present on or near a school campus, immediately alert the principal or a designated administrator rather than engaging with agents directly.
School staff are not required to release information about students, including immigration status, unless compelled by a judicial order.
If ICE comes to your workplace
Employers are not required to allow ICE agents into non-public areas of a workplace without a judicial warrant. As an employee, you have the same rights as in any other setting: you may remain silent and decline to answer questions about your immigration status.
If you are detained
Do not sign anything without speaking to an attorney first. You have the right to make a phone call: use it to contact a lawyer or a trusted person. You can say: "I am invoking my right to remain silent and my right to an attorney."
Save these contacts in your phone before you need them:
These can both help connect you or a family member to legal support.
If you are a U.S. citizen or have legal status, stating this does not waive your right to remain silent. You may still decline to answer further questions until you have legal representation.
If you witness an enforcement action
You can play an important role in documenting what happens and supporting those affected. You may legally film agents performing their duties in a public space in Hawaiʻi, as long as you do not interfere with the action
- Keep a safe distance and do not physically interfere with agents.
- Focus your recording on agents and vehicles, not on individuals being detained, to protect their privacy.
- Record the time, location, number of agents, vehicle descriptions, license plates, and any identification numbers visible on uniforms.
Find out more about how and what to document when an ICE enforcement action happens, and what to do with the information you collected in this resource.
Preparing in advance
You do not have to wait for an incident to happen to be ready.
- Save the contact information for an immigration attorney or legal aid organization: the ACLU of Hawaiʻi, HCIR, and The Legal Clinic all provide support in Hawaiʻi.
- Have a plan: agree on who to call, where important documents are kept, and what to do if a family member is detained.
- Avoid carrying documents that could reveal your immigration status unless legally required to do so.
- Consider attending a Know Your Rights training: the ACLU of Hawaiʻi and partner organizations, including Hawaiʻi J20+, offer these across the state.
A note on county police
County police departments in Hawaiʻi have memoranda of understanding (MOUs) with federal agencies including Homeland Security Investigations (HSI). Officials at all four county departments have stated that these agreements do not authorize officers to participate directly in immigration enforcement. If you believe local police are improperly involved in an immigration action, document it and report it to the ACLU of Hawaiʻi or HCIR.
This resource is for general informational purposes only and does not constitute legal advice. If you or someone you know has been detained or is facing immigration proceedings, please contact a qualified immigration attorney as soon as possible.