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Understanding Your Legal Rights if Facing Deportation

Understanding Your Legal Rights if Facing Deportation

Facing the possibility of deportation can be a daunting experience, but knowing your legal rights is crucial. In the United States, every individual, regardless of immigration status, has certain protections under the law.

  1. You Have the Right to Remain Silent: First, remember: You do not have to answer any questions from ICE. You can simply say, “I choose to remain silent,” or, “I want to speak with an attorney.” You are not required to provide any information about your immigration status.
  2. You Have the Right to See a Warrant: ICE cannot just enter your home without a warrant. If they have one, ask to see it. Make sure it’s signed by a judge and specifically names you or gives them permission to enter your home. If they don’t have a warrant, you don’t have to open the door.
  3. You Do Not Have to Open the Door Unless They Have a Warrant: If ICE comes knocking and they don’t have a valid warrant, you don’t have to open the door. Ask them to slip the warrant under the door if they claim they have one. You are allowed to refuse entry if they don’t have a warrant.
  4. You Have the Right to an Attorney: If ICE arrests you or takes you into custody, you have the right to speak with an immigration attorney. Don’t hesitate to reach out to one as soon as you can to understand your rights and the best course of action for your case.
  5. Be Careful What You Sign: If ICE asks you to sign any documents, be cautious. You don’t have to sign anything without fully understanding what it means. Signing a document could affect your case or legal status. Always talk to an attorney before you sign anything.

📞 Let Godoy Law Office help you navigate the process.
We’ll guide you step by step and treat your case with the care your family deserves. Schedule your consultation today at  630-345-4164 and let’s keep your family where it belongs—together.

Other information to consider is what documentation you should have available if you are ever detained.

  1. Copy of Passport
  2. Copy of Birth Certificate of you and kids (if applicable)
  3. Criminal Documents- if the case was dismissed
  4. Proof of Presence for the last 2 years (tax returns, pay stubs)
  5. Any immigration paperwork

Other Documents to Consider

  1. Financial Power of Attorney
  2. Guardianship Paperwork

Q1: What should I do if ICE asks me questions?

You have the right to remain silent. You do not have to answer any questions from ICE. You can simply say, “I choose to remain silent,” or, “I want to speak with an attorney.” You are not required to provide any information about your immigration status

Q2: Can ICE enter my home without a warrant?

No, ICE cannot enter your home without a warrant. If they claim to have a warrant, ask to see it. Make sure it’s signed by a judge and specifically names you or gives them permission to enter your home. If they don’t have a warrant, you don’t have to open the door

Q3: What should I do if ICE asks me to sign documents?

Be cautious if ICE asks you to sign any documents. You don’t have to sign anything without fully understanding what it means. Signing a document could affect your case or legal status. Always talk to an attorney before you sign anything

Mario Godoy
Mario Godoy
Immigration Lawyer and Illinois Crimmigration Attorney

Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.

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Illinois State Bar Association
American Immigration Lawyers Association
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