In short, yes! You can have an immigration lawyer while being detained. If you are being held by immigration officials in the United States, you have the right to an immigration lawyer. However, the government will not provide you with an attorney. You must hire an immigration lawyer at your own expense or seek pro bono legal services.
You are allowed to meet with your immigration lawyer while being detained – detention centers are required to make it easy for people to get in touch with their lawyers. This means letting people talk on the phone and meet in person, though the exact rules can change from facility to facility.
Even though everyone has the right to a lawyer, it can be hard to get one due to practical challenges like limited contact, the fact that detention centers are often in remote areas, and a lack of resources. For better chances of success, we advise you to:
- Upon detention, request to speak with an immigration lawyer immediately.
- Use any available means, such as phone calls, to contact family members or organizations that can help you secure an immigration lawyer.
- Keep detailed records of your interactions with immigration authorities and any documents you receive.
- Provide your immigration lawyer with all relevant information and documentation to help them build your case.
- Familiarize yourself with your rights as a detained immigrant. Cooperate with your attorney and follow their guidance to ensure the best possible outcome for your case.
You have the right to be informed about your right to legal representation. Immigration authorities are required to provide you with a list of free legal service providers, too. You also have the right to a fair hearing and to present evidence and witnesses in your defense. If you are a foreign national, you have the right to contact your consulate. Your consulate can assist you in finding legal representation and provide other forms of assistance.
If you are in need of an expert immigration lawyer, call the J. Molina Law Firm today! We will protect your American Dream.