How Long Can Immigration Hold You at the Airport

What to Practise if You Are Arrested or Detained by Immigration

AUGUST 2007 | Versión en español

IMMIGRANTS WHO ARE ARRESTED OR DETAINED by Immigration have certain rights. These rights change, however, if you are arrested or detained at the border or in an airport. In these cases, you may take fewer rights. You probably accept more rights if you are arrested by Immigration at work, on the street, after a traffic stop, or at home. If you are arrested and detained, information technology is important that you go on calm, and remember the following things:

• Yous have the correct to remain silent. You should ask to speak to a lawyer.
• Exercise non sign anything without first talking to a lawyer. You may be signing away your right to see a lawyer or a judge.
• Write down the name and telephone number of the deportation officeholder assigned to your example.
• Practice non have "voluntary departure" (that is, do not concur to leave the United States) without first talking to a lawyer. Signing a voluntary divergence agreement means that you won't get a hearing, you lot will have to leave the U.Due south., and you may never be allowed to enter the U.S. again or get legal clearing condition.
• Exercise not sign "stipulated orders of removal" without beginning talking to a lawyer. Signing a stipulated order means that you waive your rights to a hearing earlier a guess and serves as a final order of removal (deportation) signed by the judge.
• Practise not expect Immigration agents or the judge to explain your options, or to requite y'all the right data. Expect to speak with a lawyer before maxim or doing annihilation.
• You have the right to telephone call an attorney or your family unit if y'all are detained. You have the correct to exist visited by an chaser in detention (Clearing jail).
  • You have the right to a lawyer, only the regime will not pay for or provide that lawyer. You must hire one or discover someone who will represent you for costless. (Immigration should requite y'all a list of groups you can phone call that may provide free or low-cost legal advice or representation.) If you see a guess earlier you tin get legal advice, you should ask the judge for more time to find a lawyer.
  • You lot have the right to contact your consulate. Telephone numbers to your consulate are posted in the jail or you can ask the displacement officeholder for a listing. Your Consul may help you lot obtain a lawyer.
• When yous get a lawyer, you should tell the lawyer everything you lot think is important about your immigration case, including whether you lot have ever been arrested for a crime. It is important that anyone giving you legal advice knows everything nigh your case and then that she or he can give y'all the best communication. It does non pay to prevarication or keep information from your lawyer.
• If you think that your boss reported you lot to Immigration because you complained about your working conditions, make sure to tell the lawyer this fact. If your boss did study you for this reason, yous might be able to bring an official complaint against him or her.
• In most cases, Immigration must decide within 48 hours whether to put you into clearing proceedings (in forepart of a judge), and whether to keep you in custody or to release you on bond. Later 72 hours, Immigration must requite you a Discover to Appear (NTA). This is the notice that provides you with the information about your hearing before an Immigration Judge.
• In near cases, yous accept the right to enquire to exist released from detention by paying a bond, or to ask for a bond hearing in front of a guess. (Bail is an amount of money paid to the authorities to guarantee that you will attend future court hearings.) The judge, though, may order that you stay in detention if the estimate decides that you might non show up for your court hearing or that yous are unsafe to others.
  • If you have to leave the U.S., try to speak with an immigration lawyer earlier leaving. If you get out, you may non be immune to come back into the country for a certain number of years. It is important y'all know this before yous get out, because if you come dorsum before than you lot're allowed to, yous can exist arrested for having committed a serious crime.
  • If yous are agape to render to your dwelling country, notify your deportation officer and the court immediately. You lot may be eligible to file a claim for asylum or other relief.
  • If you have been bedevilled of any criminal offenses, it is extremely important to contact an immigration lawyer that is experienced in matters involving immigration consequences of criminal convictions. If you take a criminal tape/confidence, go a copy of your certified transcript from the criminal court.
  • If you are not given a hearing before an immigration judge, find out why and permit your lawyer know immediately.

Portions of this document were adapted with permission from the

National Lawyers Guild'south Know Your Rights! pamphlet.

hamiltonanther.blogspot.com

Source: https://www.nilc.org/get-involved/community-education-resources/know-your-rights/to_do_if_arrested_2007-08/

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