The Legal Rights of Detained Immigrants in California: Expert Advice from an Immigration Lawyer

If you have been arrested or detained by U.S. Immigration and Customs Enforcement (ICE), you are likely fearful of being deported. However, individuals who have been detained by ICE and are facing deportation orders have specific rights that are crucial to be aware of. In cases of detainment, it is critical to get in touch with a Riverside, California immigration attorney as soon as possible so that they can inform you of your rights and help you pursue alternative pathways to challenge deportation.

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 will have you released without bond or lower the bond amount. 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 free 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 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 $2,375 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: Which States Are the Top Receivers of Refugees in the United States?

A: Within the past five years, the top states to receive refugees in the United States were Texas, California, New York, Michigan, and Ohio. From 2012 to 2022, around 508,100 refugees were resettled in the United States, and the top five mentioned states received approximately one-third of that total number. However, it’s important to note that the top states can vary by year.

Q: What Is the Dignity Act for Immigrants?

A: As of January 2024, 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 have been detained by ICE or are being threatened with deportation, you are likely in a position of fear and uncertainty. Whether you just arrived in the United States or have built a career and family that you cannot part from, there are options to pursue in order to defend your case and ensure that your rights are honored and protected.

A California immigration lawyer from U.S. Law Center can work with you to help you understand your rights in detention and fight to keep you in the country. Get in touch with our dedicated team today to get started.