Defending The Rights Of Detained Immigrants
When you or a loved one are arrested and detained by Immigration and Customs Enforcement, you may face serious consequences that can impact your future in the United States. ICE detentions may cause deportation proceedings, separation from family and loss of employment. It is essential to your future that you seek legal help as soon as possible.
Our immigration attorneys at Consumer Law Group have defended clients nationwide in ICE detention proceedings. With extensive knowledge of immigration law, you can trust our English and Spanish-speaking attorneys to protect your rights and advocate for your freedom and immigration status. Out of our offices in Chicago, Berwyn, Aurora and Wheeling, we help clients nationwide apply for deferred action benefits.
What Are The Rights Of You Or A Loved One If You Are Detained By ICE?
Getting stopped or detained by ICE can be a terrifying experience. If you are not a U.S. citizen, you must show your immigration papers if asked. However, regardless of your immigration status, you have constitutional rights, including:
- The right to remain silent – You do not have to discuss your citizenship or immigration status, where you were born or how you entered the country.
- You do not have to consent to a search of your person or your belongings.
- If ICE comes to your home, you do not have to let the agents inside unless they have a warrant. The same rule applies to vehicle searches.
- You have the right to speak with an attorney, but the government does not have to provide one for you.
You also have the right to a hearing before an immigration judge, which is essential to preserving your rights. An experienced immigration attorney can help you with your defense and represent you in immigration court.
What To Do After An ICE Arrest
After an ICE arrest, you should remain silent. You do not have to answer any questions; anything you tell ICE agents or law enforcement can be used against you. You should call an attorney as soon as possible. If you do not have an attorney, call your family and have them retain one on your behalf. It is important to stay calm and be careful not to sign anything without first consulting with an attorney.
If you are the loved one of someone detained by ICE, you should ensure they have an attorney and the proper information to locate them at an immigrant detention center.
How Is Bond Decided?
You or your loved one may be eligible for an immigration bond in some situations. Like in criminal courts, a bond is a payment that allows your release from custody while your case is pending. An immigration judge will consider your eligibility, whether you are a danger to the public and if you are a flight risk. If you meet these criteria, the court may grant a bond.
How Can You Locate An ICE Detainee?
If ICE has detained a family member, they will be held at an immigrant detention center. You can enter their information online using the Online Detainee Locator System. You will need the following information:
- Their first and last name
- Their country of birth
- Their date of birth or their 9-digit USCIS number, if you have it
If you cannot find them after using the online system, contact an ICE field office to obtain more information.
Seek Immediate Assistance To Protect Your Future
If ICE detains you or a loved one, it is vital that you take immediate action to secure legal counsel to protect your rights and your future. You may be in immediate danger of deportation. Call us immediately at 312-766-7777 or complete our online contact form to get in touch.