It’s unfortunate that many undocumented immigrants in the United States are unaware that even they have certain rights. As an immigrant, you might have fewer rights if you are stopped at the border or detained at an airport. However, if you have been apprehended by Immigration and Customs Enforcement at home, at work, or on the streets, you should know that you have more rights
In case of being detained, it is important that you keep a calm and level head. Here are some of the things that you will need to do to get out of the situation:
Know Your Rights
Before anything, it is important that, as an undocumented immigrant, you know your rights.
Right to Remain Silent: You have the right to remain silent and not answer any questions directed to you by the ICE. The best course of action is to ask to speak with your lawyer.
Right to Call a Lawyer: If you or your family is detained, you have the right to call your lawyer and be visited by them in jail. Keep in mind, however, that the government will not pay for or provide a lawyer for you. In addition, do not rely on your immigration officers and judge to give you the right information. In this case, you should hire a lawyer yourself or find someone who will represent you pro bono. If you see a judge before you can acquire a lawyer, you should request your judge to give you more time to find a lawyer.
Right to Contact Your Consulate: You also have the right to contact your embassy or consulate. You can find the telephone numbers of your consulate posted in the immigration detention center and can even ask the officer for a list. The consulate may also help you obtain a lawyer.
Right to be Released from Detention by Paying a Bond: A bond is the money you pay the government, guaranteeing your attendance for court hearings in the future. In many cases, you may be released by paying a bail bond or requesting your judge for a bond hearing. However, the judge may refuse this request and order you to stay in detention if they believe you won’t show up for your hearing or pose a danger to others.
Don’t Sign Anything
If the ICE asks you to sign anything, you should decline immediately and ask to speak with your lawyer. If you do sign a document, it might mean you are signing away your right to see a lawyer and judge, hence your right to due process.
It is also useful to write down the name and telephone number of the deportation officer assigned to your case.
Do not sign a voluntary departure agreement: This is a document that shows your voluntary consent in agreeing to leave the United States. If you are handed this document, ask to talk to your lawyer first. Signing a voluntary departure means you will not get a hearing, will be forced to leave the country, and might never again be allowed to step foot on US soil or immigrate legally to the country.
Do not sign a stipulated order of removal: Signing this document means you are forfeiting your right to get a hearing from a judge. This document also acts as a final order for the judge to decide on deportation.
What Your Lawyer Should Know
Once you get a lawyer, you need to inform them about everything that is important for an immigration case, including if you have a history of arrest. Make sure to let your legal counsel or lawyers know everything about your case to give you the best advice.
If you believe your employer reported your undocumented immigration status to the ICE, let your lawyer know about this. This can help you bring an official complaint against your employer.
Usually, the ICE has only 48 hours to decide whether to release you on a bond or get you in front of a judge. After 72 hours, you will get a Notice to Appear by the ICE, which will inform you about a hearing in front of a judge.
Other Important Tips
If you have to leave the country, for the time being, try to speak with your immigration lawyer first. Once you leave, you might not be able to enter the country for a certain number of years. If you do come back earlier before you have been allowed by the government, this is considered a serious crime, and you can be arrested for it.
If you are afraid to return to your home country, you should immediately let the deportation officer and the judge know of this. This may give you an opportunity to claim asylum or refuge.
If you are convicted of a crime, it is crucial that you get an immigration lawyer. Additionally, make sure you get a copy of your criminal record from the court.
If you are not given an opportunity to be heard before the judge, let your lawyer know immediately.
How ITT Can Help Undocumented Immigrants
At International Traveling Tips, our team of experienced and qualified immigration attorneys and specialists help undocumented immigrants in case they are arrested by the ICE.
By becoming a member of the ITT, undocumented immigrants can reap several benefits, including:
- Getting experienced legal counsel on what to do and say in your court hearing or in case you are detained.
- Getting access to an immigrant attorney while in detention.
- Getting an immigration bond fee to get out of immigration jail. Keep in mind that you may not be eligible for this if you have committed serious crimes like armed robbery, murder, rape, moral issues, etc.
- Allocation of $5000 as living expenses in the case of deportations when you land in your home country.
If you are an undocumented immigrant, you can become a member of the ITT, so you have experts fighting for your rights. Don’t delay. Reach out to us today at www.internationaltravelingtisps.com