You must understand if you are in the United States illegally, without the proper documentation, you are considered a non-citizen or alien. This means, if you are arrested or detained, you do not have the same legal rights that are given to US citizens.
Immigration officials have the authority to arrest and detain any non-citizen/alien, even without a warrant if they have “reason to believe that the non-citizen is in the United States in violation of any type of immigration law or regulation and would likely escape before a warrant can be obtained for his or her arrest.
If you are arrested for an alleged immigration violation, it’s scary and the process can be confusing. It is important that you try to stay calm. You do have some certain rights which you need to know and remember.
Your Rights
- You have the right to remain silent
- You have the right to call a lawyer
- You have the right to speak with a lawyer before you answer any questions and have a lawyer present during questioning. These rights come from the Fifth and Sixth Amendments of the U.S. Constitution. They protect everyone, including non-citizens. The US government will not pay for your attorney.
- You have the right to contact your consulate
**If you are arrested or detained in an airport or at the border these rights change
Remember
- Do not sign anything until you have spoken with a lawyer. You may be signing away your right to have a lawyer or see a judge.
- Anything you say to ICE, law enforcement or government officials may be used against you in your immigration case
- Write down the contact information (name and telephone number) for your deportation officer.
- Do not take a “voluntary departure” or sign “stipulated orders of removal” without talking to a lawyer first.
- If you do not have a lawyer or know how to reach one, Immigration should be able to give you a list of organizations that provide free or low-cost representation.
- If you see a judge before you have spoken with a lawyer, ask the judge for more time to find a lawyer.
- Telephone numbers for your consulate should be posted or you can ask an officer for the list.
- In most cases, Immigration and Customs Enforcement must decide within 48 hours whether to begin immigration proceedings in front of an Immigration Judge and/or whether to keep you in detention or to release you on bond.
- You should be given a Notice to Appear (NTA) after 72 hours. This will give you the information about your hearing with the Immigration Judge.
- It is important for you to be truthful with your lawyer and tell him or her everything that you think is important about your case, including whether you have been previously arrested for committing a crime. This will make it easier for your lawyer to give you the best advice.
For those with an immediate need to post a bail bond for a friend or loved one, you can reach an agent 24 hours per day, 7 days per week by calling 1-800-Libertad. We have bilingual agents who can assist you with both Immigration Bonds as well as Criminal Bail Bonds.