An Illegal Immigrants Legal Rights

As an illegal immigrant, non-citizen or alien in the USA, you should understand that you do not have the same rights as a resident alien or citizen. While you will most certainly be treated better in the USA and have more rights than in many countries where people immigrate without the proper documentation, it is still vitally important to understand that your rights are somewhat limited. You should however still know those rights that are afforded to you.

It is certainly frightening enough to be in a new country without the support network that you had back home. This becomes even more frightening when aliens or non-citizens are detained or arrested and brought to detention centers or jails. For the families and friends of the people who have been arrested or are being detained, the main concern is to have their loved ones released as quickly as possible after bail or bond has been set. Calling 1-800-Libertad (1-800-542-3782) will immediately connect you with a bail bond agent who can help you with the process.

As an illegal immigrant, non-citizen or alien you are afforded the following rights:

• Remain Silent: You have the right to remain silent. You do not need to speak or say anything, especially if you feel that you might incriminate yourself. (This is especially true if you were arrested during the commission of a crime. Wait for your lawyer.)
• Lawyer: You have the right to call a lawyer. If you are being detained simply as an illegal immigrant, then you will likely only be in need of an immigration attorney. If you were arrested during the commission of a crime you will likely need both an immigration attorney and a criminal attorney. (This presumes that you are a non-citizen or alien.) You are not, however, entitled to public assistance with lawyers. You must pay for your own attorney.
• Constitutional Rights: Even as a non-citizen or alien, you are afforded some protection under the US Constitution. You have the right to speak with an attorney before answering any questions.
• Consulate: In addition to contacting an attorney, as a non-citizen or alien, you are entitled to contact your consulate. Your consulate might be able to assist you in various ways, from providing you with a list of reputable attorneys, to financial assistance if that is allowed by the consular officials.

To ensure that you have the best representation possible, and that you do not accidentally waive your right to counsel, it is important that you do not sign anything without your attorney present. Your attorney will be there to help you wade through the paperwork and obligatory interview with ICE or the police.

Please also remember that anything you say can be used against you in both court and in immigration proceedings. If your goal is to stay in the USA permanently, you will need to follow your attorney’s advice.

(***This is not legal advice – consult with an attorney for legal advice***)