immigration fifth-amendment
Can I refuse to answer a question asked by US Census taker by invoking the 5th Amendment?
<p>Refusal to answer census questions is covered under 13 USC Sec 221, providing for a fine of no more than 100.00; that acknowledged, can a person elect to refuse to answer a specific question because he believes it may tend to incriminate?</p>

<p>Background: The 2020 US census is proposing to ask 'Are you a US Citizen? In and of itself that might be considered to be a innocent question, but given the political climate a respondent could easily assume that the information is being gathered (or shared with) the Justice Department and/or Immigration Control for the purpose of identifying and locating non-documented residents. </p>

<p>Regardless of an assertion that census data is not supposed to be used in a legal proceeding against the respondent, that respondent has no reason to believe that his answer would never used in that fashion.... consequently his conviction that the information MAY used against him. </p>

<p>IANAL, so .... thoughts</p>

<p>An existing law actually prohibits using census data "against" a person, see <a href="https://law.stackexchange.com/q/27169/4501">this recent question</a>. The 5th Amendment ("nor shall be compelled in any criminal case to be a witness against himself") is not interpreted to imply an absolute privilege to not answer, it means that your answer cannot be used against you in a criminal case. You can be compelled to testify "against yourself" if you are granted immunity from prosecution.</p>

<p>I don't think you can invoke the right to not incriminate yourself on a question about whether you are a US citizen, as not being a citizen isn't a crime and doesn't imply any crime.</p>

<p>Even if it asked for your specific immigration status, or asked whether you are an illegal immigrant, I am not sure that you can invoke the right against self-incrimination on that either because being an illegal immigrant is not itself a crime, and does not necessarily imply any crime was committed -- e.g. an illegal immigrant who entered the US legally and overstayed has committed no crime under current federal law.</p>

<p>On the other hand, if it asked specifically whether you entered the US illegally, you might be able to invoke the right against self-incrimination on that because that is a misdemeanor.</p>
