Are you or a relative facing immigration detention? You likely worry about your status and what could happen next. The experience can be stressful and overwhelming, especially if you are unfamiliar with the process.
However, you still have rights that the law protects. Knowing these rights can make a significant difference in the outcome of your case.
The right to remain silent
You have the right to remain silent during interactions with immigration officers. You do not have to answer questions about your immigration status, where you were born, or how you entered the United States. Officers can use anything you say against you, so decide ahead of time if you will exercise this right to avoid self-incrimination.
The right to a hearing
If the immigration authorities detain you, you have the right to a hearing before an immigration judge. This hearing is an opportunity to explain your situation and seek relief from deportation. During this hearing, the judge will decide whether to allow you to stay in the U.S. You have the right to present evidence, call witnesses, and make arguments in your defense.
The right to communicate with family and consular officials
Despite your detention, you have the right to contact your family members or others who can assist you. If necessary, family and friends can search for your location. They can do this by using the U.S. Immigration and Customs Enforcement Online Detainee Locator System and entering your name.
Additionally, you have the right to speak with consular officials from your home country. They can offer support and help ensure that officers respect your rights during detention.
The right to request bond
In many cases, individuals in immigration detention have the right to request bond. A bond is a payment that permits your release while your case is pending. If granted, bond allows you to live outside of detention and continue working while awaiting your hearing. However, not everyone is eligible for bond, so review the facts about your specific situation.
Detention is sometimes an unpleasant reality that hardworking immigrants face. Knowing and exercising your rights are important steps to take toward resolving your situation.
