In certain situations undocumented immigrants living in the US may be detained by Immigration and Customs Enforcement (ICE) and could be at risk or being deported.
If you or a loved one has been detained, contact Tucker, Nong and Associates immediately. Our experienced immigration lawyers can make sure that you or your loved one are receiving the rights they are guaranteed. Our firm can also assist in defending you or a loved one against removal or deportation. To learn more about how we can help you, visit:
Legal Rights of Immigrants in the United States
If detained, immigrants have certain rights that they are guaranteed. An immigration lawyer can make sure that you or your loved one is receiving fair treatment under the law. The following sections will provide a basic summary of these rights. However, you should remember that cases involving detention are best managed by a licensed immigration lawyer.
Right to contact family and friends
In most circumstances, detained individuals have the right to contact loved ones. Detained individuals should do so as soon as possible. Not only will this relieve stress but, it is also a time to convey information about the situation and obtain legal/other kinds of advice.
Detained individuals will be allowed one free, local phone call. After that, you or the being contacted will have to pay for the cost of the call, either through an account you set up or by calling collect.
Additionally, phone calls may be subject to rules regarding who and when you can call, as well as how often and for how long communication may continue for. For instance, phone calls to friends might be short and monitored, but you may be able to speak with your lawyer for longer periods of time and in confidence.
Important Information to Share
Make each phone call count. The first call should be to someone who can pass information on to family & friends. Detained individuals should be sure to communicate everything they know. Including:
- Where they are being detained.
- What “A Number” has been assigned to them.
- How to conduct future communications.
- How to begin seeking bail.
What is an “A Number”?
An “A Number” is your Alien Registration Number. With it, friends and family can go online and find information about your case. They will also need this number when communicating with ICE about you. You can find your “A Number” on all paperwork pertaining to the case.
Right to ask to be released on bail
Being released on bail means a deportation officer or a judge will allow the individual to leave ICE custody. However, the individual will still need to attend court hearings, and may have to follow certain rules.
For instance, certain individuals may not be allowed to leave the state. Usually, detained individuals may be released if the officer or judge believes that they are not a danger to the community and that they will appear in court when they are scheduled to do so.
Pursuing a Bond
Additionally, a bond—a certain amount of money—will need to be paid by a person with legal status, such as a permanent resident or a U.S. citizen, as a promise that you will not try to escape the legal proceedings. The price for bail varies depending on the location, the officer, and/or the judge and may cost several thousand dollars.
An immigration lawyer can help detained individuals and their families negotiate the bond process. They will be able to argue on behalf of the detained individual and may even be able to petition the judge to lower the required amount for a bond. To learn more about bonds, visit our page:
In addition, the deportation officer must present the detained individual with a “Notice of Custody Determination”.
The right to legal counsel
Being released on bail makes it easier to obtain the legal help to defend your rights in court. However, even if you are not released, you still have the right to an attorney. Detained individuals should only work with lawyers who specialize in immigration law. Immigration lawyers will be familiar with court processes and can help protect your rights, and how to proceed in order to obtain the best outcome.
Contact and Immigration Lawyer as Soon as Possible
Once detained, retaining an immigration lawyer should be your first priority. ICE may be able to provide one, and if so, make sure that the lawyer they provide offers counsel you trust. Another option is to contact your home country’s consulate. They may be able to give legal advice or help you find a lawyer who will adequately represent you.
The right to an interpreter
Detained individuals have a right to have access to an interpreter. Detained individuals may be tempted to pretend you understand in order to “prove” that they should be allowed to stay in the US. But, doing so could undermine their case. Mistakes made due to difficulty communication can include:
- Waiving right to be considered for bail.
- Waiving right to legally defend yourself.
- Agreeing to an incorrect or false description of events.
ICE is required to provide an interpreter and/or documents in a language the detained individual can understand. Detained individuals may need to ask them for it. If they refuse, contact a lawyer immediately
How we can help you
Being detained is a stressful situation that has many opportunities for error. If you or a loved one has been detained, contact Tucker, Nong and Associates immediately. Our experienced immigration lawyers will be able to ensure your rights are protected and that you or your loved one is not taken advantage of by the courts.
If you or a loved one has been detained, remember that there are certain rights guaranteed by law.
Call us or contact us online to learn how we can help ensure the best possible result for your case. Don’t take a chance, let us help you through this difficult time.