What to do if you are arrested or detained by Immigration
I got this at the May 1 Coalition Forum on 5/31/08. It’s from the National Immigration Law Center, dated August 2007.
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Immigrants who are arrested or detained by Immigration have certain rights. These rights change, however, if you are arrested or detained at the border or in an airport. In these cases, you may have fewer rights.
You probably have more rights if you are arrested by Immigration at work, on the street, after a traffic stop, or at home. If you are arrested and detained, it is important that you keep calm, and remember the following things:
- You have the right to remain silent. You should ask to speak to a lawyer.
- DO NOT sign anything without talking to a lawyer. You may be signing away your right to see a lawyer or a judge.
- Write down the name and telephone number of the deportation officer assigned to your case.
- DO NOT take “voluntary departure” (that is, do not agree to leave the United States) without first talking to a lawyer. Signing a voluntary departure agreement means that you won’t get a hearing, you will have to leave the U.S., and you may never be allowed to enter the U.S. again or get legal immigration status.
- DO NOT sign “stipulated orders of removal” without first talking to a lawyer. Signing a stipulated order means that you waive your rights to a hearing before a judge and serves as a final order of removal (deportation) signed by the judge.
- Do not expect Immigration agents or the judge to explain your options, or to give you the right information. Wait to speak with a lawyer before saying or doing anything.
*You have the right to call an attorney or your family if you are detained. You have the right to be visited by an attorney in detention (Immigration jail).
- You have the right to a lawyer, but the government will not pay for or provide that lawyer. You must hire one or find someone who represent you for free. (Immigration should give you a list of groups you can call that may provide free or low-cost legal advice or representation.) If you see a judge before you can get legal advice, you should ask the judge for more time to find a lawyer.
- You have the right to contact your consulate. Telephone numbers to your consulate are posted in the jail or you can ask the deportation officer for a list. Your Consul may help you obtain a lawyer.
* When you get a lawyer, you should tell the lawyer everything you think is important about your immigration case, including whether you have ever been arrested for a crime. It is important that anyone giving you legal advice knows everything about your case so that she or he can give you the best advice. It does not pay to lie or keep information from your lawyer.
* If you think that your boss reported you to Immigration because you complained about working conditions, make sure you tell the lawyer this fact. If your boss did report you for this reason, you might be able to bring an official complaint against him or her.
* In most cases, Immigration must decide within 48 hours whether to put you into immigration proceedings (in front of a judge), and whether to keep you in custody or to release you on a bond. After 72 hours, Immigration must give you a Notice to Appear (NTA). This is the notice that provides you with the information about your hearing before an Immigration Judge.
* In most cases, you have the right to ask to be released from detention by paying a bond, or to ask for a bond hearing in front of a judge. (Bond is an amount of money paid to the government to guarantee that you will attend future court hearings.) The judge, though, may order that you stay in detention if the judge decides that you might not show up for your court hearing or that you are dangerous to others.
- If you have to leave the U.S., try to speak with an immigration lawyer before leaving. If you leave, you may not be allowed to come back into the country for a certain number of years. It is important that you know this before you leave, because if you come back earlier than you’re allowed to, you can be arrested for having committed a serious crime.
- If you are afraid to return to your home country, notify your deportation officer and the court immediately. You may be eligible to file a claim for asylum or other relief.
- If you have been convicted of any criminal offenses, it is extremely important to contact an immigration lawyer that is experienced in matters involving immigration consequences of criminal convictions. If you have a criminal record/conviction, get a copy of your certified transcript from the criminal court.
- If you are not given a hearing before an immigration judge, find out why and let your lawyer know immediately.
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Reproduced and distributed by the Medgar Evers College Immigration Center @ the Center for Law and Social Justice, 1150 Carroll Street, P-02, Brooklyn, New York 11225. For more information visit www.cisj.org or to schedule an appointment or workshop, call: 718.270.6297. Thanks to the National Law Center (NILC). The NILC can be reached on the web at www.nilc.org or at 1101 14th Street, NW, Suite 410, Washington, D.C. 20005. Telephone: 202.216.0261. Fax: 202.216.0266
June 2, 2008 at 5:10 am
Congratulations for such a complete set of advices so useful now days.
What are the chances I could be authorized to translate them into Spanish so they could be distributed amongst Hispanics in Alamance County, NC (especially known for its anti immigration enforcement and attitude) and surrounding areas? Once done the translation I could send it to you so you could review it and approve it.
I am originally from Mexico, a legal resident since five years ago., always working to help our Hispanic community.
Thanks in advance.
June 5, 2008 at 7:36 pm
I attempted to email you about this, so here’s what I wrote to you:
Hi Blanca Nienhaus,
Thank you for your comment. As mentioned on the blog, I had gotten the flyer from a forum. Printed at the top of the flyer was, “National Immigration Law Center.” There is no notice saying something along the lines of, “No content may be copied or redistributed without written authorization.” So, my assumption is that this can be redistributed freely as long as credit is given. The flyer is meant to be informational, anyway.
Now, as far as sending the translation to me: if I read it, it wouldn’t do too much considering I don’t speak Spanish, unfortunately, but my husband does (he’s bilingual) so he could read it over and make sure it’s okay.
In conclusion, go ahead.
That flyer is meant to help immigrants know their rights and it’s good that you want to inform others.
Thank YOU for your pro-activeness!
- Quinn
You can email it to nycpipnews@gmail.com
Thanks, and I hope you see this comment response.
August 8, 2008 at 5:58 pm
Hello:
In 2005 I commited an offense wish I was not arrested or convicted for. I tried to smugle my brother and got cought by customs agents. They detained me for 8 hours and relase me after. I went for my citizenship interview yesterday and the officer could’t not made a decision in my case because he told me he needs to make sure that I was not charge with this offense due to the fact that I got finger print. My question is if I nothing comes up in my record what is going to happen would I get granted citizenship or not?
December 1, 2008 at 11:44 pm
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My boyfriend has been in jail for the past 9 months because he was dealing with a criminal case, but he also has an immigration hold. The case was dismissed this past tuesday at about 10 am and to my understanding it has to be 48 hours for immigration to come…but what if they do not come?? What should I do then? I briefly consulted with his immigration lawyer because about a year and a half ago immigration agents from new-jersey knocked down the door from his house and took him with his cousin mistaking them for their uncle. He and his cousin were let go on bail by the judge. After that horrible incident he did not receive any other notification from immigration. Please help me because I know the 48 hours take place today..I’m not sure at what time but what should I do? I know he isn’t going to simply be released . One immigration lawyer tells me the jail officials are supposed to simply release him but his immigration Lawyer tells me a process has to be done in order for him to get out…what is the process and how long will it take? please help me its been such a horrible experience ..thankyou
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