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State police law enforcement databases may share information with federal, local, and other state law enforcement agencies during criminal investigations, officials said
As sweeping immigration operations by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection take place, concerns have been raised about the rights of the public.
Last week, Democratic Gov. Josh Shapiro’s administration put out guidance for people and organizations and businesses about knowing their rights if encountering law enforcement and immigration officials.
According to the governor’s office, the Pennsylvania State Police are not tasked with immigration enforcement, which is a federal duty, and troopers are precluded from serving federal administrative immigration warrants, which are not signed by a judge. Troopers also are not permitted to ask immigration status on typical traffic stops.
State police law enforcement databases may share information with federal, local, and other state law enforcement agencies during criminal investigations, officials said.
On the state website, officials said the informational documents are not legal advice and told readers to consult a licensed attorney for advice about specific situations.
Below is the text of the documents put out by the state:
Information for individuals:
If You are Stopped in a Public Place, You Have the Right to:
• Ask for identification. You may ask the agent for their name, badge, and agency.
• Remain silent. You do not have to answer questions about your immigration status or birthplace. You may say, “I choose to remain silent.”
• Ask if you are free to leave. If the agent says yes, you may calmly walk away.
• Say, “I do not consent to a search.” Do not physically resist.
• Request an interpreter if you do not understand English.
• Ask to contact or notify your embassy or consulate. Important: If you are not a U.S. citizen, are over the age of 18, and have valid immigration documents, federal law requires you to carry them (for example, a green card or I-94). If asked, you may be required to show them. U.S. citizens are not required to carry documents demonstrating their citizenship.
If Agents Come to Your Home:
• You do not have to open the door.
• You may ask the law enforcement agents to identify themselves and state their agency.
• You may ask them to slide any warrant under the door or show it through a window.
• Agents need a warrant signed by a judge to enter your home without your permission.
• If the warrant is not signed by a judge or does not list your correct name and address, you may refuse entry.
If Agents Enter Your Home:
• Do not physically resist.
• Clearly state, “I do not consent to this entry.”
• Ask to speak with a lawyer.
• Do not sign any documents without first speaking to an attorney.
If You Are Detained:
• You have the right to remain silent.
• You have the right to request an attorney or call your family. You have the right to be visited by an attorney in detention.
• You do not have to answer questions without a lawyer present.
• You have the right to request an interpreter.
• Do not sign documents you do not understand.
• Inform agents if you are the primary caregiver for a child.
• Inform agents if you have any medical conditions. Protect Yourself from Immigration Scams
• Only take advice from licensed attorneys or accredited immigration representatives who represent you. You can search attorneys licensed in Pennsylvania here: https://www. padisciplinaryboard.org/for-the-public/ nd-attorney.
• Be cautious of “notarios” or “immigration consultants” who are not authorized to practice law.
• Always request a written agreement that explains services and fees.
• Do not give original documents to someone unless necessary and always keep copies.
Important Reminder
• This information applies to individuals in the United States regardless of immigration status.
• Laws and enforcement practices can change.
• For legal advice, contact a licensed immigration attorney or accredited representative. Additional Resources If you believe your rights are being violated, contact a lawyer or your local law enforcement agency. You can find legal aid providers and other critical resources at PA Navigate (www.panavigate.org). Just enter your zip code and click the Advocacy and Legal Aid category.
Information for organizations and businesses:
Understanding Interactions with Immigration Enforcement Agents Federal immigration enforcement officers (such as U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP) may visit businesses or organizations for various reasons. Knowing your rights can help protect your organization, employees, clients, and visitors.
Public Areas of Your Business or Organization
• Federal immigration agents can be present in public areas where the general public is allowed (for example, lobbies, waiting rooms, retail floors, dining areas, or parking lots).
• Their presence in these spaces alone does not give them authority to stop, question, detain, or arrest a specific person without consent, probable cause, or legal authority like a warrant.
• You may set policies for access to public areas or designate areas as private to clarify expectations during such visits.
Private Areas of Your Business or Organization
• Areas intended for employees, residents, students, patients, or others not generally open to the public are considered private.
• Immigration agents generally need a valid warrant signed by a judge to enter private areas without permission.
• If agents claim to have a warrant, you may ask to see a copy and verify that it is judicial warrant (signed by a judge) rather than an administrative document.
• Administrative warrants (issued by agencies rather than courts) do not authorize entry into private areas without consent.
Interacting with Immigration Agents:
When immigration enforcement agents come to your business or organization:
• Ask the agents why they are there and what authority they are using.
• Ask to see their badge or official identification to confirm their agency.
• If an agent requests to search your premises, you have the right to refuse consent unless they have a valid warrant, probable cause, or exigent circumstances.
• If a search proceeds without proper authority, do not physically resist. Instead, state clearly: “I do not consent to this search. I wish to remain silent. I wish to speak with an attorney.”
Additional Resources
If you believe your rights are being violated, contact a lawyer or your local law enforcement agency. You can and legal aid providers and other critical resources at PA Navigate (www.panavigate.org). Just enter your zip code and click the Advocacy and Legal Aid category.
