Immigration Attorney Explains Rights When Detained by ICE

Understanding Your Rights with ICE

• ⚖️ Everyone physically located in the United States, regardless of immigration or legal status, has constitutional rights.
• 🤫 You have the right to remain silent and do not need to provide proof of documentation to an ICE officer.
• 📞 You have the right to call your lawyer and do not have to consent to unreasonable searches and seizures.

Steps to Take If Detained by ICE

• 🆘 If detained, it is crucial to call your lawyer; if you don't have one, you still have the right to make a phone call.
• 🏛️ Everyone is entitled to due process and the right to request a hearing.
• 🤝 If detained, you can file a motion for a bond hearing for a judge to consider your release and hear your case.

Warrants and Workplace Raids

• 🏢 ICE absolutely needs a judicially signed warrant with a person's name to enter a workplace or private place.
• public spaces, ICE cannot detain people without a warrant unless there is probable cause to believe someone is undocumented.
• ⚠️ The attorney notes that detaining people in public without a warrant, absent racial profiling, may be an abuse of power.

Path to Legal Status and Advice

• ⏳ Obtaining legal status in the U.S. can take anywhere between 7 to 25 years, depending on the entry method and petitioning family members.
• 🏠 Attorneys advise undocumented clients to stay home and carry proof of their immigration status or pending applications.
• 🗣️ Informing ICE officers that you have a lawyer and a pending case can be an effective deterrent against unlawful detention.

Client Stress and Legal Processes

• 😥 Clients are experiencing extreme stress and fear of being detained and facing expedited deportation before their day in court.
• ⚖️ Attorneys are negotiating with detention centers to speak with clients and ensure they receive their day in court.
• ⏱️ If detained by ICE, a court hearing is typically scheduled within 14 days, requiring swift legal action to demand this hearing.

Locating Detained Individuals

• 📞 While not guaranteed, detained individuals usually get a phone call.
• 🌐 The ICE Detainee Locator website can eventually help locate individuals, though it may not be immediate.
• 🆔 It is important for family members to obtain the detainee's number to use for lookup purposes.