Know Your Rights During Immigration Detention
When someone is detained by immigration authorities, it can be frightening and confusing. Many people assume they have no rights once they are in immigration custody. That is not true. Even while detained, individuals still have important legal rights.
Understanding these rights can help detainees protect themselves and help family members advocate for their loved ones.
This guide explains the basic rights people have during immigration detention and what to expect.
1. The Right to Remain Silent
A person in immigration detention has the right to remain silent.
You are not required to answer questions about your immigration history, how you entered the United States, or your current status. Anything you say can be used against you in immigration court.
You may say:
"I choose to remain silent and would like to speak with an attorney."
It is often best to speak with a lawyer before answering detailed questions.
2. The Right to an Attorney (At Your Own Expense)
People in immigration detention have the right to hire an attorney.
Unlike criminal court, the government does not provide free lawyers in immigration court. However, detainees have the right to:
• Contact a lawyer
• Speak privately with their attorney
• Receive legal advice
• Be represented in immigration court
Many nonprofit organizations and pro bono attorneys provide free or low cost legal help to detained individuals.
3. The Right to Make Phone Calls
Most detained individuals are allowed to make phone calls from detention.
These calls may be limited or monitored, but detainees should be able to:
• Call family members
• Contact an attorney
• Request legal help
Family members should keep their phones nearby after someone is detained. Often the first call happens within the first 24 to 48 hours, although delays are common if the person is transferred between facilities.
4. The Right to a Bond Hearing (In Many Cases)
Many people detained by immigration authorities have the right to request a bond hearing before an immigration judge.
A bond hearing allows the judge to decide whether the person can be released from detention while their case continues.
At the hearing, the judge considers factors such as:
• Whether the person is a flight risk
• Whether the person poses a danger to the community
• Family ties in the United States
• Employment history
• Length of time in the country
Not everyone qualifies for bond. Some people are subject to mandatory detention depending on their immigration history or criminal record.
5. The Right to Request Protection from Deportation
Being detained does not mean deportation is automatic.
Many people in detention may qualify for immigration relief, including:
• Asylum
• Withholding of removal
• Protection under the Convention Against Torture
• Cancellation of removal
• Adjustment of status through family members
• VAWA, U visas, or T visas in some situations
An immigration attorney can evaluate what options may be available.
6. The Right to Humane Treatment
Individuals in immigration detention have the right to humane treatment.
Detention facilities must provide:
• Adequate food and water
• Medical care
• Access to hygiene and basic necessities
• Protection from abuse or mistreatment
If someone experiences serious medical issues, unsafe conditions, or mistreatment in detention, an attorney may be able to take legal action.
7. The Right to See an Immigration Judge
Most people placed in removal proceedings will eventually have a hearing before an immigration judge.
At these hearings, individuals have the opportunity to:
• Challenge the government's case
• Present evidence
• Apply for immigration relief
• Ask for bond or release from detention
Immigration court hearings may take place while someone remains detained.
8. Important Things to Remember
If you or a loved one is detained:
Do not sign documents you do not understand.
Do not agree to voluntary departure without speaking to a lawyer.
Keep track of your A number if possible.
Contact an immigration attorney as soon as possible.
Early legal intervention can make a significant difference in detention cases.
How Our Attorneys Can Help
Detention cases move quickly and require immediate action.
Our attorneys help families:
• Locate detained loved ones
• Request bond hearings
• Evaluate immigration relief
• File emergency motions and habeas petitions when necessary
• Fight for release from detention
If someone you love has been detained by immigration, legal help as early as possible can make a critical difference.
