Since 9/11, federal law enforcement agencies have stepped up their counter-terrorism investigations. As part of these investigations, law enforcement officers from the FBI and other agencies have questioned thousands of innocent Muslim Americans around the country. These "interviews" are still happening - at people’s homes, places of work, and even places of worship.
Being approached by FBI agents can be scary, especially if you don’t know your rights. By knowing the law, you can protect yourself and your family.
Interviews often start with a phone call or a knock on the door from the FBI or Department of Homeland Security. The agents will ask to talk with you. They may tell you that you’re not in any trouble and that they just need to ask you some questions. They may ask if they can meet with you for a half-hour at the local Starbucks, at your office, or at your house. They may say that it’s important, but that they can’t give you more information until you talk to them.
There seems to be no magic formula to guess whom the federal agents will ask to interview. They interview women as well as men, people of all ages, and people of every immigration status, including U.S. citizens who have been in this country their whole lives – anyone can be interviewed.
A few key points will help you protect your rights. First, you should know that speaking with a law enforcement agent is always completely voluntary. Under the law, you never have to answer questions (other than your name and sometimes your address) if you don’t want to. You cannot be punished for refusing an interview or refusing to talk with an agent.
Second, it is very important to consult a lawyer if you are approached by the FBI or Homeland Security. You can find out from the lawyer the pros and cons of talking with law enforcement. And if you decide to give an interview, it is very helpful to have the lawyer by your side.
Third, if you decide to talk to an agent despite the risks, you have the right to pick the date, time, and place. You don’t have to go to the agent’s office. You don’t have to meet them tomorrow, instead of two weeks from now or whenever you are ready. And you can end the interview at any time or refuse to answer some questions, such as questions about your political or religious beliefs. Sometimes, the agents may ask you to sign a document or take a lie detector test. You never have to do either of those things, and you should not do them without first talking to a lawyer.
You should also understand that there are also risks in talking with federal agents. Lying to a federal officer is a serious crime, so be careful about your answers. If you don’t know the answer to a question or don’t recall the answer, be honest. Don’t be afraid to tell the truth or to say that you do not want to answer if you are scared. Your conversation may be recorded.
Another risk in talking with FBI or other agents is that they will come back to you for more information in the future. The law allows them to ask you for interviews as many times as they want. Often, agents may learn about your family members or friends because of your conversation and then go talk to them. If your family members have any problems with their immigration status, the agents can give that information to the immigration authorities.
Remember, these interviews are supposed to be about terrorism, but these are law enforcement agents. If they uncover any crime, no matter how small, they can prosecute you for it.
Finally, if an agent says or does something offensive or threatening, you have rights. You can complain to the U.S. Department of Justice in writing.
The ACLU of Southern California is a non-profit organization that works to preserve the civil rights of all people living in the Southern California area. If you or your loved ones are approached by the FBI, Homeland Security, or other federal agents for an interview, and you would like advice on what to do, please call Ranjana Natarajan or Ahilan Arulanantham at the ACLU at 213-977-9500. 1616 Beverly Blvd. Los Angeles, CA 90026 We provide all assistance free of charge.
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