What Are My Rights If I Am Detained by ICE?

 Posted on November 09, 2020 in Immigration

The fear of an arrest by ICE, U.S. Immigration and Customs Enforcement, is something that many immigrants must live with on a daily basis. In part, this is a fear of the possible consequences, but it is also often a fear of the unknown, as you may be unsure of what will happen and how you should react. While it may not fully alleviate your fears, knowing your rights if you are detained can at least remove some of the uncertainty and help you avoid making a scary situation worse.

What Should I Do If I Am Arrested?

Regardless of your immigration status, you have certain rights if you are stopped, questioned, or detained by an ICE agent. These include:

• The right to remain silent. You are not required to answer an agent’s questions about your immigration status, your criminal record, or any other subject. Doing so, whether truthfully or untruthfully, can provide information that may be used against you in an immigration hearing. If you wish to invoke your right to remain silent, it is usually best to state this clearly to the agent.
• The right to refuse to consent to a search. Whether an agent stops you on the street, pulls you over in your car, or comes to your home, the agent cannot search your person or property without a warrant or probable cause. You have the right to ask to see a warrant before allowing a search, or to refuse an agent’s request to perform a search without a warrant.
• The right to consult with an attorney. You have the right to speak with an attorney before answering any questions or signing any papers, and to request that your attorney be present for any further questioning and immigration hearings. If you are detained, you have the right to a phone call, which you can use to contact your attorney.

Depending on the circumstances, you may also be eligible for bond. Your attorney can help you determine whether this is the case, and can help you prepare for a bond hearing. If you are able to pay the bond, you may be released from detention until your hearing, giving you time to further consult with your attorney and your family to plan for your next steps.

Contact an Illinois Immigration Lawyer

If you are concerned about the possibility of being detained by ICE, having an attorney on your side in advance can help to give you peace of mind if you are arrested. At Mevorah & Giglio Law Offices, we strive to help you understand your rights, and we will fiercely protect them and do everything in our power to ensure you are treated fairly by the immigration system and help you avoid deportation. Contact an experienced Illinois immigration attorney today at 630-932-9100 to request a free consultation.

Source:

https://www.aclu.org/know-your-rights/immigrants-rights/