If you find yourself detained by immigration authorities in the United States, it is crucial to understand your rights and the steps you can take. Here’s a comprehensive guide on what to do if you are detained by ICE (U.S. Immigration and Customs Enforcement) or CBP (Customs and Border Protection).
Immediate Steps to Take
Stay Calm: It’s important to remain calm and not resist or obstruct immigration officials. Resisting could escalate the situation and negatively impact your case.
- You have the right to remain silent. Clearly state that you wish to exercise this right.
- You do not have to consent to a search of yourself or your belongings.
- If detained, you have the right to consult with a lawyer, though the government is not required to provide one. You can request a list of free or low-cost legal services.
Contact Your Consulate: If you are a non-citizen, you have the right to contact your consulate or request that an officer inform your consulate of your detention.
Provide Your A-Number: If applicable, provide your “A” number (A#), which is critical for family members or legal representatives trying to locate you.
Know Your Rights During Detention
Whether you are detained at the border or within the U.S., you still have rights:
Legal Representation: You are entitled to speak with an attorney privately. However, you may need to pay for calls made from detention, although some programs allow free calls to lawyers.
Access to Information: You have the right to access information about your case, including any documents related to your detention and immigration status.
Medical Care: You can request medical care while in detention, but the quality of care may vary. If you are denied necessary medical treatment, document the situation and notify your attorney or advocacy groups.
Communication with Family: You should be allowed to communicate with family members; however, access may be limited depending on the facility.
What to Expect if You Are Detained by ICE
Once detained by ICE, you may be taken to a detention center. The process can take hours or even days. You will likely:
- Be questioned about your immigration history.
- Be given a Notice to Appear (NTA) in immigration court.
- Be placed in removal proceedings if the government believes you do not have legal status.
This is where having an experienced immigration lawyer becomes crucial. Your attorney can challenge your detention, apply for relief, and fight for your right to stay in the U.S.
Reporting Violations
If you believe your rights have been violated during detention, you can:
- Document everything – Take note of officers’ names, badge numbers, and details of what happened.
- Contact an attorney immediately – They can help you file complaints and seek justice.
- Reach out to organizations that monitor detention conditions and provide advocacy support.
Be Prepared in Advance
To protect yourself and your family, be proactive:
- Have emergency contacts ready – Keep a lawyer’s number and a trusted person’s contact handy.
- Keep important documents in a safe place – Copies of your ID, immigration papers, and any court documents should be accessible to a family member or attorney.
- Create a family plan – If you have children, ensure someone can care for them in case of an emergency.
Need Legal Help?
If you or a loved one has been detained by ICE, don’t face it alone. At J. Molina Law Firm, we fight for immigrants’ rights and help you navigate the complex immigration system. Contact us today for a consultation—your future is worth defending.
