All New Jersey residents have clear legal rights under state and federal law. However, protecting your legal rights as a foreign citizen can be challenging—especially in 2025. As a result, it is important to make sure you know your legal rights and to contact a New Jersey immigration lawyer right away if you have any fears, questions or concerns.
Foreign Citizens’ Rights as Explained By the New Jersey Department of Human Services (DHS)
As the New Jersey Department of Human Services (DHS) explains, “[e]very person who lives in or visits New Jersey has rights regardless of their citizenship or immigration status.” In a pamphlet titled, Know Your Rights: Immigrants’ Rights, the New Jersey DHS summarizes foreign citizens’ rights in three high-risk circumstances: (i) encountering law enforcement or immigration agents in a public space; (ii) having law enforcement or immigration agents visit your home; and, (iii) being detained by U.S. immigration authorities.
1. If You Encounter Law Enforcement or Immigration Agents in a Public Space
If you encounter law enforcement or immigration agents in a public place, you have three very important legal rights:
- The Right to Ask Questions – You have the right to ask the agents for identification to confirm that they work for local law enforcement or ICE, CPB, or USCIS. You also have the right to ask for an interpreter if you cannot understand them, and you have the right to ask whether you are free to leave.
- The Right to Remain Silent – While you have the right to ask questions, you are not required to answer any questions yourself (though you may be required to provide proof of your immigration status). You have the right to remain silent, and doing so can be critical for keeping yourself out of an unnecessarily dangerous situation.
- You Have the Right to Say “No” – As the New Jersey DHS explains: “If an immigration agent asks if they can search you, you have the right to say no. Agents generally do not have the right to search you or your belongings without your consent, a valid warrant or probable cause.”
2. If Law Enforcement or Immigration Agents Visit Your Home
If law enforcement or immigration agents visit your home, you have the same rights as if they stop you in a public space. You also have the right to refuse to allow them into your home unless they have a valid warrant to enter. As the New Jersey DHS explains, “[i]f they do not produce a warrant, you generally do not have to open your door.”
If the agents say they have a warrant, you have the right to see it before letting them inside. If the warrant is signed by a judge, then you must generally allow the agents to enter your home. However, if it is not signed or if it is an administrative warrant from the Department of Homeland Security (Form I-200 or I-205), you generally do not have to consent to a search.
What if agents force their way into your home despite your lawful efforts to keep them outside? In this scenario, the New Jersey DHS advises, “Do not resist.” Instead, reaffirm that you are not consenting to the search, and do your best to take photos or videos and remember as many details as possible.
3. If You Are Detained By U.S. Immigration Authorities
The same rights listed above also generally apply when you have been detained by U.S. immigration authorities. Crucially, you are not required to make any decisions or sign any papers when you are detained. If you sign any documents or forms you do not understand, you could waive your legal rights—so it is extremely important that you not say or do anything until you have consulted with a New Jersey immigration lawyer.
In all three of these circumstances, you also have the right to talk to a lawyer. Neither state law enforcement officers nor federal immigration agents can deprive you of your right to legal representation. When exercising your right to remain silent, you can state that you are also exercising your right to legal representation—and that you are not prepared to say or do anything else until you have received legal advice.
What if Police or Immigration Authorities Violate Your Legal Rights?
What if the police or federal agents violate your legal rights? What if the police detain you illegally, or what if federal agents raid your home without a valid warrant despite your objections?
In this situation, the American Civil Liberties Union (ACLU) advises: “Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any other details.” In other words, preserve as much information as possible. When you are dealing with a violation of your legal rights, it is up to you to prove it—and the more information you can provide to your New Jersey immigration lawyer, the better.
While protecting your legal rights as a foreign citizen living in the United States can be challenging, your legal rights are clear, and help is available. You should not accept what happened to you, and you should not try to handle your situation on your own. Our lawyers are available to assist you, and once you get in touch, we will arrange for you to speak with a New Jersey immigration lawyer at Helmer, Conley & Kasselman, P.A. in confidence as soon as possible.
Contact Us to Speak with a New Jersey Immigration Lawyer in Confidence Today
If you need help as a foreign citizen living in New Jersey, we encourage you to contact us immediately for more information. Our lawyers can explain everything you need to know, and we can take action to protect your legal rights (including your right to remain in the United States) if necessary. To speak with an experienced New Jersey immigration lawyer in confidence, call 877-435-6371 or tell us how we can reach you online now.
