What to Do If You Are Detained

 Posted on March 06, 2019 in Immigration

Rightly or wrongly, the current administration has chosen to detain the majority of asylum seekers and undocumented immigrants, as well as the occasional immigrant with status or U.S. citizen. If you or a loved one has been detained by Immigration & Customs Enforcement (ICE), it can be terrifying and confusing, as options to affect your release can seem nonexistent. However, there are things that you can do to improve your situation or to at least stabilize things.

Do Not Say or Sign Anything: Especially under this administration, the push to have immigrants sign away their legal status or admit to potentially damaging conduct is strong and persistent. You are not required to speak or sign anything, and any threat to you as a result of refusal is unlawful. You can ask for an attorney - the government is not required to provide one for you, but they must allow you to engage one yourself - and it is generally a good idea not to speak to ICE without an attorney present.

If Possible, Seek Bond: While grants of immigration bond have decreased since the advent of this administration, it is still possible in some cases to be granted bond and released from detention, especially if you have some claim to legal status. The minimum will usually be $1,500, though exact amounts will vary from case to case. If you are undocumented, it will be unlikely that you will be granted bond under this administration - historically, only flight risks were denied bond, but despite the incentives for undocumented people to attend their immigration hearings, the administration prefers to not risk matters.

Have Your Papers in Order (or have someone get them in order). If you are undocumented, you will either be given an A-number or you may have one already, as well as documents like a Notice To Appear or other relevant material like your passport. If you do not already have those relevant documents together, try and get a family member to get things together, as your attorney will need them to help with your case.

Trust Your Lawyer. Trying to negotiate with ICE without an immigration attorney is suicide for your chances of remaining in the United States in many cases given that U.S. immigration law is notoriously complex. It may be possible to get a list of low-cost legal services if necessary or to have a loved one engage an attorney for you. That said, unless you are scrupulously honest with your attorney, you can still very easily run into trouble. Do not conceal anything, even if you think it is of no importance - it can not only torpedo an application for status, but it can also cast you in a light of having ‘bad moral character,’ which can be an impediment to obtaining status or relief from removal.

Call a Chicagoland immigration Lawyer Today

Someone can be deported very quickly after being detained, so if you or a loved one have been locked up by ICE, time is very much of the essence. The skilled Chicago-area deportation defense lawyers at Mevorah & Giglio Law Offices are ready, willing and able to help your family handle this difficult time. Contact us today at 630-932-9100 for a free consultation.