Know your rights with law enforcement, military troops

Last week, U.S. President Donald Trump created a task force of several federal and state agencies charged with “end(ing) street and violent crime in Memphis.” It will include the mobilization of the National Guard under the direction of Tennessee Gov. Bill Lee.

This makes Memphis the latest target in Trump’s deployment of military forces to cities led by Democrats, an effort that some legal and military leaders have described as a threat to democracy.

While it’s unclear exactly when the National Guard will be activated or what their orders will be, the American Civil Liberties Union has reported that deployment of federal forces and National Guard troops in Los Angeles and Washington, D.C. has led to “widespread abuse of fundamental rights.”

The deployment of the National Guard is particularly concerning because they are not trained to do police work in American cities, according to a document created by members of the 50501 movement, a grassroots progressive organization. 

“(Guard members) receive military training, not crowd-control or civil liberties training,” the document says. “That’s why it’s so dangerous when they’re used in protests or domestic policing. They don’t have the training or mandate for it. This puts both the Guard and the public at risk, especially Black and brown communities.”

This guide was adapted from an ACLU guide on your rights when interacting with federal agents or military troops, ACLU-Tennessee’s immigrant resource hub and a know your rights guide created by the Tennessee Immigrant & Refugee Rights Coalition. 

“When the National Guard comes to town and they’re engaging in immigration enforcement and other kinds of law enforcement, they’re bound to the same rules as regular law enforcement officers,” said Casey Bryant, executive director of Advocates for Immigrant Rights in a community meeting Sept. 16. “Which means you have the same rights as you had before.”

Know your rights guide 

The following information is not legal advice. It is, however, a resource to help you understand what your rights are when encountering law enforcement or military troops.

In deciding how and when to interact with law enforcement or the National Guard, it is important to recognize that your safety matters. At times, staying safe may mean obeying any direct commands, even if you feel you are being treated unfairly or illegally.  

• You have the right to talk about and publicize truthful information that you obtain lawfully, including about what law enforcement officers are doing and where they are doing it.
• You have the right to tell people their legal rights. If you are a lawyer, make clear you are not giving legal advice.
• You have the right to photograph or film anything in plain view, including federal buildings and law enforcement.
  • ** Note: on July 1, 2025, a new law enforcement “halo” law went into effect in Tennessee. It allows law enforcement officers to prevent individuals from approaching within 25 feet of law enforcement officers conducting official duties and imposes a Class B misdemeanor on anyone who ignores those officers’ orders.
• These officials can’t confiscate or demand to view your photographs or video without a warrant, nor can they delete data under any circumstances. However, they may order you to move a reasonable distance away. If you think a command is unlawful, it’s safest to follow the order, document the interaction and challenge it later.
• You can ask for officers’ names and badge numbers, as well as who to call if there are follow-up questions.

If approached by law enforcement:

• If you get stopped, ask if you’re free to go. If they say yes, walk or drive away.
• If you’re questioned, you can say, “I want to remain silent.” In some cases, you may be required to provide your name, address, immigration status and/or ID.
• If an official asks to search you or your belongings, you have the right to say no, but do not obstruct access. They may have authority to conduct the search anyway. If they begin searching you or your vehicle, say clearly: “I do not consent to a search.”
• You do not have to unlock your phone or give government officials your password without a warrant.
• For additional security, turn off biometric identification such as Face ID.
• If law enforcement officers arrest you, you have a right to ask why. Otherwise, say you wish to remain silent and ask for a lawyer immediately. Don’t sign, say, or agree to anything without a lawyer present.
• If you believe your rights have been violated, when you can, write down everything you remember, get contact information for witnesses and take photographs of any injuries.

If you’re asked about your immigration status:

• You have the right to remain silent. You do not have to answer questions about where you were born, whether you’re a U.S. citizen or how you entered the country. 
• Do not lie about your citizenship status, your name or provide false documents.
• If you’re not a U.S. citizen and have valid immigration documents, you should show them only if an immigration agent requests them.
• If ICE agents approach your home, don’t open the door. Ask the agents if they have a judicial warrant and to slide it under the door or hold it up to a window. A judicial warrant must be signed by a judge and have your specific name and address on it. An administrative warrant or order is a different type of document, issued by ICE or DHS. This document does not authorize agents to have access to a home.

If you witness police or military activity:

• You have a right to tell people about their rights.
• You have the right to photograph or film anything in plain view, including federal buildings and law enforcement. But you should not interfere.
• You can ask for officers’ names and badge numbers, as well as ask whom to call with questions about any arrests or actions by any federal agents. If possible, write these down, along with any other relevant observations.

Resources in Memphis: 

• The Memphis NAACP is encouraging Memphians to report any incidents with the National Guard to them at 901-521-1343.
• ICE activity can be reported to the Vecindarios 901 rapid response hotline at 901-329-7979.
• The Official Black Lives Memphis Chapter can be reached for bail support, mental health support and organizing at blacklivesmattermemphis@gmail.com.

To add a local resource to this list, email katherine.burgess@mlk50.com 

Katherine Burgess is the government accountability reporter for MLK50: Justice Through Journalism. Contact her at katherine.burgess@mlk50.com

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