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Your Rights if You Are Detained by ICE

If you are detained by ICE, the experience can be terrifying, but you have constitutional and legal rights that apply regardless of your immigration status. Knowing them can make a crucial difference in the outcome of your case.

What You Have the Right to Do

If ICE comes to your door or detains you: you have the right to remain silent; you have the right to refuse ICE entry to your home if they don't have a warrant signed by a judge (an ICE "administrative order" is NOT the same); you have the right to call an attorney; and you have the right to contact your country's consulate. Clearly say: "I invoke my right to remain silent" and "I do not consent to entry."

What ICE Cannot Do

ICE cannot: enter your home without a warrant signed by a federal judge; compel you to sign documents without understanding them or consulting an attorney; punish you for exercising your right to silence; nor deport you without giving you the opportunity to appear before an immigration judge (except in certain cases of accelerated removal at the border).

If Detained: First Steps

If detained: memorize or write down an immigration attorney's number and your A-number (if you have one). When you arrive at the detention center, ask to speak with an attorney and request a bond hearing before an immigration judge. Do NOT sign any "voluntary departure" or "voluntary removal" documents without consulting an attorney.

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This article is for informational purposes only and does not constitute legal advice.

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