Being arrested or detained by Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP) can be a frightening experience. However, knowing your rights and having a plan to access legal representation can make a significant difference. This guide provides clear, actionable steps to help you contact an immigration attorney if you or a loved one find yourselves in this situation.
Stay Calm and Know Your Rights
The first and most crucial step is to remain calm. Stress and panic can cloud your judgment and make it harder to assert your rights effectively. Remember these important rights that everyone in the U.S.—regardless of immigration status—is entitled to:
- You Have the Right to Remain Silent
You are not obligated to answer questions about your immigration status, where you were born, or how you entered the country. Politely state, “I choose to remain silent,” if pressed.
- You Have the Right to an Attorney
You can request legal representation. You are not required to sign any documents without first consulting with an attorney, especially if you don’t fully understand what those documents mean.
- You Have the Right to Refuse Consent to a Search
ICE and CBP officers are not allowed to search your home, vehicle, or belongings without proper legal authority, like a warrant signed by a judge.
Understanding and asserting these rights can protect you legally and help establish your case when you eventually speak to an attorney.
Request Legal Representation
After identifying yourself and stating that you choose to remain silent, your next step is to explicitly request an attorney. Communicate clearly that you would like to speak to your legal representative. Here’s how you can approach this:
- Ask for an Attorney Immediately
Phrases such as “I want to speak to an attorney” or “I do not wish to sign anything without my lawyer” make your request clear.
- Avoid Self-Incrimination
Do not volunteer extra information or guess at answers if you’re unsure. Anything you say can be used against you in immigration proceedings.
- Refuse Any Waivers Without Counsel Present
Authorities may ask you to waive your right to a hearing or sign orders for voluntary departure. Do not sign any documents before consulting an attorney who can explain the consequences.
Contacting an Immigration Attorney
Once you’ve requested legal representation, the next critical step is to find and connect with an immigration attorney. Follow these steps to facilitate communication:
- Keep Key Contact Information Handy
Always carry the contact information of a trusted immigration attorney or legal aid organization. Store this info in your phone and write it down on a piece of paper as a backup.
- Reach Out to Family or Support Networks
If you are detained, you may be allowed to make a phone call. Use this opportunity to inform a family member or trusted friend of your situation and ask them to reach out to legal representation on your behalf.
- Utilize Free Legal Resources
Many nonprofit organizations provide free or low-cost legal assistance to individuals detained by immigration authorities. Some examples include the American Immigration Lawyers Association (AILA) and the Immigration Advocates Network. Keep a list of these organizations in case of emergencies.
If you are allowed to make a phone call, prioritize reaching out to an attorney directly or contacting someone who can assist in hiring one for you.
What to Do If You Can’t Afford an Attorney
For many people, hiring an attorney can be financially challenging, but there are resources available to protect your rights. Consider the following options if affording legal counsel is an issue:
- Seek Pro Bono Legal Assistance
Many attorneys and nonprofit organizations offer representation for little to no cost. Organizations like Catholic Charities or RAICES specialize in assisting detained immigrants.
- Attend Legal Orientation Programs (LOPs)
If you are detained at an immigration facility, LOPs may be available to provide guidance on your rights and the immigration process. These programs are free and can help you represent yourself if necessary.
- Ask for a List of Government-Affiliated Organizations
Detention facilities are required to provide access to a list of free or low-cost legal service providers. Request this list from facility administrators and use it to find assistance suited to your situation.
- Secure a Payment Plan
Some private immigration attorneys offer payment plans tailored to individuals with financial constraints. Ask potential attorneys about payment flexibility during your initial consultation.
Even if you cannot afford full legal representation, these resources can help you access critical information and advice needed to make informed decisions about your case.
Final Thoughts
Navigating an arrest or detention by ICE or CBP is undoubtedly overwhelming, but preparation and knowledge can make all the difference. Always remember your rights, stay calm, and focus on accessing legal representation as quickly as possible. Keep an attorney’s contact information on hand, leverage free legal resources when necessary, and avoid signing or saying anything without consulting a lawyer.
Empower yourself by staying informed and prepared—it’s the most effective way to protect your rights and safeguard your future.
