Your right to an interpreter and disability help when agents question you

This page is about understanding and being understood when police or immigration agents question you. For the full list of your rights in a stop, see What to do if ICE or police stop you on the street or in your car. This is general information, not legal advice. DNLH is not a law office.

Do I have rights if I do not speak English?

Yes. Your constitutional rights do not depend on your language. Everyone in the United States, with or without papers, has the right to stay silent and the right not to agree to a search. You can use these rights without saying a word.

What has changed is the extra help the federal government promises. Be ready for that.

• In March 2025, the President signed an order making English the official language of the United States. It canceled an older order from 2000 that pushed federal agencies to serve people with limited English. The new order says agencies do not have to stop offering services in other languages (Executive Order 14224).
• On July 14, 2026, the Department of Homeland Security (which includes ICE, CBP and USCIS) withdrew its 2011 guidance on serving people with limited English. DHS said it expects to issue new guidance later (DHS notice, AILA copy).

The federal rule for immigration arrests says little about language. When immigration officers arrest someone on criminal charges, they must give the rights warnings in a language the person understands. The same rule bans threats or pressure to make you give up your rights or make a statement (8 CFR 287.8). For a civil immigration arrest, the more common kind, we found no rule that requires an interpreter (checked October 21, 2026). An attorney is reviewing this. Plan as if no interpreter will come. Your silence and a written card work in any language.

What do I do if I cannot understand the agents?

1. Stay calm. Do not run. Keep your hands where they can be seen.
2. Show your red card or say, "I want to remain silent." The card explains your rights in English for the agent and in your language for you.
3. Do not guess. If you are not sure what a question means, do not answer it. A wrong answer can be used against you.
4. Do not let a stranger, a child or another detained person interpret your answers if you can avoid it. They may get it wrong.
5. Do not sign anything. Say or show: "I will not sign anything without a lawyer."
6. Ask for a lawyer. Say "lawyer" or "abogado" or show it on your card.
7. Remember what you can. The time, the place, the agency and what happened. Write it down later.

If you can say a few words in English, these are enough: "Silent." "Lawyer." "No sign."

What if I am deaf or hard of hearing?

You have strong rights with local police and some protection with federal agents.

With local police and sheriffs (California and the ADA).

• Federal ADA rules say police and other local government agencies must make communication with people with disabilities as effective as with everyone else. They must give real weight to the kind of help you ask for, like a sign language interpreter or written notes (28 CFR 35.160).
• They may not make you bring your own interpreter. They should not rely on a family member or friend to interpret, except in an emergency or if you ask for it and it is appropriate.
• They cannot charge you for an interpreter (DOJ ADA guide for law enforcement).
• In California, a statement you make in answer to police questions generally cannot be used against you unless a court finds the questions were accurately interpreted and you answered knowingly and voluntarily. Police must make a good faith effort to get an interpreter when they question a deaf or hard of hearing victim or witness (Evidence Code 754).

With immigration agents (federal).

• Section 504 of the Rehabilitation Act bans disability discrimination in programs run by federal agencies. DHS's own rules say DHS must provide auxiliary aids, which include interpreters, notetakers and text telephones, where needed for equal access, and must give primary consideration to what you ask for (6 CFR Part 15).
• Whether this covers a fast arrest on the street is not settled. The rules do not say. You can still ask for help, write down whether you got it, and tell your lawyer.

What you can do: point to your ear or the card, and write: "I am deaf. I need a sign language interpreter. I will remain silent until I have one." Keep it short.

What if I have a disability that affects how I understand or speak?

This includes intellectual disabilities, brain injuries, autism, mental health conditions, speech disabilities and memory problems.

• Your rights are the same. You can stay silent, refuse searches and refuse to sign.
• You can tell the agent you have a disability and need help to understand. You do not have to explain details.
• Prepare a simple card with three lines: your rights, that you have a disability, and a phone number for a family member or caseworker.
• Teach the plan with pictures if words are hard. Practice: show the card, stay quiet, do not sign.
• Caregivers: keep a copy of medical records and a list of medicines in your family plan. See Make a family preparedness plan.

What rights do I have in detention?

Once someone is held by ICE, written detention standards apply. Here is what they say.

• Language screening. ICE's 2025 detention standards say new arrivals get a language access and disability screening, and that facilities must identify people with limited English. Language help must be given, and other detained people should not be used as interpreters except in emergencies.
• Disability accommodations. Under ICE's disability standard, a detained person can ask for help at any time, out loud or in writing, and does not have to use the words "disability" or "accommodation." A family member or lawyer can also tell the facility. A denial must be in writing. The facility must use interpreters, written materials or video interpreting when needed.
• Consulate. Every detained person must be told they may contact their consulate (8 CFR 236.1).

Which standard applies depends on the facility. If your loved one is not getting help, call their lawyer or a rapid response line. See What to do if ICE detains someone in your family.

Will I get an interpreter in immigration court?

Yes, interpreters are used in immigration court. At the first hearing, the judge goes over your rights, your right to a lawyer, the need for an interpreter, the charges and deadlines. Tell the court your exact language and dialect, such as Mam or K'iche', not only "Spanish." Federal rules say an interpreter who is not a government employee must swear to interpret accurately (8 CFR 1003.22).

If a judge finds you are not mentally competent. In California, people held in detention who are found by an immigration judge or the appeals board to be not competent, and who have no lawyer, may be given a qualified representative through a federal program. This comes from a court case that covers California, Arizona and Washington (EOIR National Qualified Representative Program).

See What happens at your first immigration court hearing.

What if I am held in a California jail and ICE wants to talk to me?

California's TRUTH Act protects you. Before ICE interviews you in a local jail, the jail must give you a written form saying the interview is voluntary and that you may say no or have your lawyer there. The form must be available in English, Spanish, Chinese, Tagalog, Vietnamese and Korean (Gov. Code 7283.1). You can say no. See Not a citizen and arrested in California.

How do I complain if I was not given help?

• About ICE, CBP or USCIS: send a complaint to the DHS Office for Civil Rights and Civil Liberties. Email CRCLCompliance@hq.dhs.gov (DHS says email is fastest), fax 202-401-4708, or mail to Office for Civil Rights and Civil Liberties, Compliance Branch, Mail Stop #0190, Washington, DC 20528-0190. DHS accepts complaints in any language. For a disability complaint, file within 180 days and include your name, address, what happened and the date. DHS can extend the time for good cause.
• About local police or a jail: talk to a lawyer or Disability Rights California.
• Keep notes. Write down the date, place, agency, officer names and what you asked for.

A complaint does not stop a deportation case. Get legal help first.

What mistakes should I avoid?

• Nodding or saying "yes" to be polite. It can be taken as agreement.
• Answering a question you only half understood.
• Signing a paper in English or any language you cannot read well.
• Using your child as an interpreter. It puts a heavy weight on them and can cause mistakes.
• Waiting for an interpreter before using your rights. You can stay silent right now.

Questions people ask

Can I ask for an interpreter by phone? You can ask. For a civil immigration arrest, we found no rule that says federal agents must provide one in the field. Stay silent until you understand.

What if I speak an Indigenous language? Red cards come in many languages, including Mam, Nahuatl and Tsotsil. Print one in your language.

Does using a red card mean I am undocumented? No. Citizens and noncitizens use them. It only shows you know your rights.

Can my family call ICE to tell them about my disability? A family member or lawyer can tell the detention facility about a disability. Ask a lawyer first how to do it safely.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Rapid response lines, open 24/7: for San Mateo County residents (203) 666-4472; for Santa Clara County residents (408) 290-1144.
• Outside the Bay Area: the DOJ list of free legal service providers.
• Community Legal Services in East Palo Alto: (650) 326-6440, for low income San Mateo and Santa Clara County residents.
• Bay Area Legal Aid advice line: 1-800-551-5554.
• Disability Rights California: 1-800-776-5746, for California residents (contact page).
• More groups: Free legal help in the Bay Area. Free cards: Get a free know your rights red card.

Is there a card I can carry?

You do not need perfect English to protect yourself. A quiet "no" and a card in your hand are enough. Neighbors and legal groups stand with you.