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When U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) detains a noncitizen, the detainee and their loved ones must understand their legal rights. Detained immigrants have rights under U.S. law, including the right to seek release on bond, defend against deportation, and access to constitutional protections. Whether a person is documented or undocumented may impact the specifics of these rights, but many fundamental protections apply to all individuals.
The Law Office of Rosina C. Stambaugh is dedicated to helping detained immigrants and their families during difficult times. With a deep understanding of immigration law and a compassionate approach, Rosina Stambaugh and her team provide immigrant-centered services. If your loved one has been detained, we are here to help.
Immigrant Rights When Detained
Detained immigrants have several legal rights, including:
- The possibility of release on bond or humanitarian grounds,
- The right to defend against deportation, and
- Constitutional protections.
Your lawyer can guide you through asserting these rights, even while detained.
Release on Bond
Detained immigrants may be eligible for release from a detention facility if they pay a bond or based on humanitarian concerns. To be released, you may need to request a bond hearing, where an immigration judge assesses the individual’s risk of not showing up for later hearings and whether they pose any danger to the community. If the judge agrees to bond, they set a dollar amount. Once you pay, the government releases the detainee. As long as the detainee shows up for later hearings, the government returns the bond to you later.
Humanitarian Release
You may also request the detainee be released based on humanitarian considerations like:
- Severe medical conditions,
- Family emergencies, or
- Serious needs of a U.S. dependent.
Being released for humanitarian reasons is often challenging without clear evidence and legal support.
Defending Against Deportation
Detained immigrants have the right to challenge the government’s attempts to deport them. Common defenses against deportation include:
- Asylum—the detainee fears persecution in their home country;
- Cancellation of removal—individuals who meet specific criteria, including living in the U.S. for several years; or
- Adjustment of status—a process used to apply for a Green Card.
An attorney can help detainees identify, prepare, and present their best defense.
Constitutional Rights
Detained immigrants are also entitled to due process rights under the U.S. Constitution, including:
- The opportunity to present their case and have it decided by an immigration judge based on evidence and law;
- The right to hire a lawyer; and
- The right to communicate with family and attorneys.
In addition to process-related rights, detained immigrants have several other constitutional rights, including protection against:
- Unlawful searches and seizures—the government looking through your things or taking your property without court approval;
- Self-incrimination—implicating yourself in wrongdoing or speaking to authorities; and
- Discrimination based on immigration status—different treatment based on noncitizen status.
These constitutional rights may prove essential to protect noncitizens held in government facilities.
What Are the Rights of Undocumented Immigrants?
Those with valid visas, green cards, or other legal statuses typically have more release options and defenses against deportation. However, undocumented individuals enjoy many of the same rights. When CBP apprehends you while crossing the border, your rights are more limited than if ICE detains you within the U.S.
What Happens When Immigration Detains You?
When ICE or CBP detains someone, the process generally follows several key steps:
- Arrest. Government agents arrest the noncitizen and take them to a detention facility.
- Processing. At the facility, the government reviews information about the detainee and decides whether to hold the individual there or offer a bond.
- Bond hearing. The immigration judge evaluates whether the detainee is eligible for release on bond and sets the bond amount if approved.
- Master calendar hearing. The detainee attends an initial immigration court hearing, where they can claim defenses against deportation.
- Individual hearing. The detainee presents their case for why the government should not deport them.
- Decision. The immigration judge determines whether to deport the detainee or grant them some form of immigration status.
Your lawyer can protect your rights at every step of the process.
We Can Help
If your loved one has been detained by immigration, you do not have to face this alone. The Law Office of Rosina C. Stambaugh provides compassionate, client-focused services to help individuals navigate the complexities of immigration detention. With extensive experience in bond hearings, deportation defense, and humanitarian petitions, their team will work to secure the best outcomes for their clients. Contact us today to discuss how we can help your loved one.
