Knowing Your Rights in Immigration Detention

Under President Trump’s new policies, more people might find themselves detained by ICE. However, even in immigration detention however, you have certain rights which you should exercise. Most importantly, you have the right to talk to an attorney. In fact, finding an experienced immigration lawyer to take your case is one of the most important things you can do if you find yourself detained. A 2011 study launched by Judge Robert A Katzmann of the U.S. Court of Appeals for the Second Circuit found that immigrants who were represented in deportation proceedings were six times more likely to win their cases than those who were unrepresented.

While you have the right to an attorney, you do not have a right to have one provided for you. You must request an attorney. Make sure to hire an immigration attorney who specializes in deportation to ensure best results in your case. Also, remember that the government will not pay for an attorney for you no matter how indigent you are. If you cannot afford an attorney, ask your deportation officer for a list of free legal service providers in the area. If the free legal service providers cannot take your case, they may be able to refer you to respected immigration attorneys in the area.

Top 5 Rights to Remember if Held in an Immigration Detention Center

Beyond the biggest right—you’re right to an attorney—we’ve compiled a list of the top 5 rights we think it’s important to remember if you are detained by ICE.

1. You have the right to make telephone calls. You have the right to call your friends and family, an attorney, and the consulate of your country. Immigration and Customs Enforcement (ICE) is required to provide you the number to your consulate, so if you do not see it posted, be sure to ask.
2. You have a right to not sign any statements or documents without talking to an attorney first. It is especially important that you do not sign away your right to a hearing.
   You do not have to volunteer information about your immigration status. Anything you say could be used against you.
3. You have the right to ask for release from custody on bond. Always request a bond hearing. In some cases, a person might not be entitled to a bond, however, you should always request one and have an attorney look into and potentially challenge any finding by an immigration official or judge that you are not entitled to a bond.
4. You have the right to medical care, food, visitation privileges, telephone access, and religious services.
5. Your friends and family have the right to try to contact you. For instructions on locating and communicating with a person in immigration detention, visit our tech tip titled Finding Family Members or Friends Detained by ICE.

Remember, a represented immigrant with representation is six times more likely to have a favorable outcome in their case compared to those who self-represent. If you or someone you know ends up in immigration detention, Contact Shaftel Law for experienced and quality representation.