Being arrested by U.S. Immigration and Customs Enforcement (ICE) agents can be terrifying and stressful, especially if you are unsure of your legal status and don’t know what to expect. But remember that being in custody does not mean you have no rights. The legal rights of detained immigrants in California include the right to legal counsel, the right to a bond hearing, and the right to due process before removal. A Riverside, California immigration attorney can help.
If you or someone you know has been arrested by ICE, contact U.S. Law Center as soon as possible. Our legal team can help you understand your rights and options, guide you through the next steps, and work to prevent or stay your removal while seeking legal relief or release.
Hire an Immigration Lawyer
At U.S. Law Center, we bring decades of focused immigration law experience to every case. Led by attorney Sanjay Sobti, who has been licensed in California since 1999 and is fluent in Spanish, Punjabi, and Hindi, our team has represented countless clients facing ICE detention and removal proceedings.
We understand the rights of detained immigrants in California, having successfully obtained bond releases, prevented deportations, and litigated unlawful detentions. We are also well-versed in immigration courts, USCIS processes, and due process protections, so we can offer sound, strategic advice when you need it most, during the most urgent and stressful legal matters.
What Are My Rights if I Am Detained During My Immigration Case?
If your immigration case is underway and you have been detained by ICE, it is possible that you may be released. Many noncitizens detained by ICE can be released with certain criteria for reporting. If you are not eventually released, then it is critical to ask for a bond hearing.
The bond hearing takes place before a judge, and often, the immigration judge may reduce the bond amount or, in rare cases, release you without bond, especially if you pose no flight risk or danger. Without asking for a bond hearing, you will likely remain in detention. A lawyer could assist you in requesting one to ensure your rights are protected.
Individuals who are detained as part of their immigration case have the right to call a family member or an attorney. Furthermore, the detained person has the right to receive visitation from an attorney. Before facing any immigration hearing, the detainee also has the right to have a lawyer present to represent them. If you have been detained as part of your immigration process by ICE authorities, it is important to contact a knowledgeable and compassionate immigration lawyer.
What Are My Rights if I Am Arrested and Facing a Deportation Order?
If you have been arrested by ICE and are being detained as a noncitizen, then you have the right to a lawyer; however, the United States government is not required to hire one on your behalf. You can ask for a document that lists low-cost or immigration attorneys who could potentially represent you and your case. If you are in the process of finding an immigration lawyer, request that the court grant you more time to hire one.
If you have been arrested by ICE and are facing a deportation order, then you have the right to a hearing before a judge to challenge the order. It’s critical to have a dedicated immigration attorney present and offering counsel before you agree to take “voluntary departure,” sign a “Stipulated Removal Order,” or waive your right to challenge your case in a hearing before an immigration judge. Taking the aforementioned actions will discredit your rights to an immigration hearing.
It’s important to speak with an immigration attorney if you are refused an immigration hearing. While certain authorities may tell you that you don’t have the right to a hearing before a judge, they could be misinformed about your particular situation and the exceptions that could apply.
If you are facing threats or fear of being tortured or persecuted in your country of origin, you should contact a lawyer as soon as possible and let an officer know because this can grant you additional rights in some cases.
FAQs
Q: What Happens When a Person Is Detained by ICE?
A: If a noncitizen is detained by ICE, they could appear in court as part of the removal or deportation process. Before appearing in court or being deported, the noncitizen will likely be held in a detention center.
There are some instances when expedited removal takes place, and the foreign national is not given the chance to attend an immigration court hearing. If they come to the United States with forged or improper travel documents or don’t comply with travel document requirements, they can be deported under expedited removal.
Q: What Is Welcome Corps for Refugees?
A: Welcome Corps is an initiative introduced by the Biden administration in 2023, that continues into 2025. It allows groups of five or more adults to sponsor an already identified refugee for resettlement into the United States. Sponsors in the welcome corps must create and file a welcome plan, collect $2,425 for each refugee sponsored, go through and pass the background check process, and promise to devote a minimum of three months to supporting and including the refugee in American society.
Q: How Many Refugees Were Resettled Globally in 2024?
A: More than 188,800 refugees were resettled through official resettlement programs in 2024, surpassing UNHCR’s projected departure targets for the first time. More than 1.6 million refugees went back to their home countries.
While this represents an encouraging step forward for a global response that continues to struggle to meet needs, there are still many refugees with urgent resettlement needs worldwide.
Q: How Many People Are Displaced Around the World In 2024?
A: By the end of 2024, an estimated 120 million people were forcibly displaced from their homes due to conflict, persecution, violence, and human rights abuses. This includes refugees, asylum-seekers, internally displaced persons (IDPs), and other individuals in need of protection.
UNHCR has reported that this is the highest number ever recorded, with major crises contributing to the figure, including the situations in Sudan, Ukraine, Afghanistan, and the Middle East.
Q: What Is the Dignity for Detained Immigrants Act of 2023?
A: As of January 2025, the Dignity for Detained Immigrants Act of 2023 is a bill that was read by the Senate in April 2023.
Sponsored by Senator Cory Booker, this bill would hold the Department of Homeland Security (DHS) accountable for living conditions in facilities that are holding foreign nationals in custody, require periodic inspections, and phase out non-DHS buildings and infrastructure for holding foreign nationals. The bill would make it illegal for DHS to hold children in custody and get rid of the required detention of asylum seekers.
Contact a California Immigration Lawyer Who Can Fight to Defend Your Rights
If you or a loved one has been detained by ICE or is facing deportation, it’s important to remember that you still have rights under U.S. immigration laws. Whether you’ve recently arrived in the country or have resided in the United States for a long time and have family here, you may be eligible to stay in the United States and avoid removal/deportation.
Each case is different, and complex immigration matters like these need knowledgeable and experienced immigration attorneys to guide you through the process and represent your case.
Our trusted California immigration attorney from U.S. Law Center can assess your case, explain your rights in detention, and advocate for the strongest possible outcome. From bond hearings to removal defense, we are here to fight for your future. Call now to arrange a free consultation that can help you protect your freedom and legal status.
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