Being detained by Immigration and Customs Enforcement (ICE) during the opening stages of removal proceedings can be an intimidating and stressful experience. Even if you or your detained loved one is not a United States citizen, he or she still has certain rights that he or she can utilize.
Unfortunately, enforcing immigrant rights during detention in Naperville can be difficult without support from a seasoned detention defense attorney. If you or a family member is in ICE detention, contacting legal counsel should be your top priority.
Just like anyone accused of a criminal offense in the United States, any person detained by ICE has the right not to be forced by any federal or state-level law enforcement officer to incriminate themselves. In addition to verbal statements, this right also applies to written statements. Immigrants are not required to sign any documents presented to them, no matter what authorities tell them.
It is especially crucial for anyone detained by ICE not to sign a “stipulated order of removal” or agree to “voluntary departure” without speaking with legal counsel first. While these options can be appropriate in certain situations, they can also lead to an immigrant in Naperville losing important rights during the detention and removal process.
Anyone detained in ICE custody or any other agency responsible for enforcing U.S. immigration law has a right to contact an attorney and his or her family. However, an immigrant detained for allegedly violating immigration law does not have a right to be assigned public legal counsel if he or she cannot afford to hire a lawyer. In some situations, a detained person’s Consul from his or her nation of origin may be able to help with finding legal representation, either for an affordable fee or free of charge.
Most of the time, U.S. immigration authorities have 48 hours after initially detaining an immigrant to decide whether they will immediately proceed with removal in court, keep them in custody until their trial date, or release them on bond until their trial date. ICE must provide a formal Notice to Appear within 72 hours to an immigrant released on bond. Detained foreign nationals have the right to ask for a hearing before a judge, who could decide to release the immigrant on bond and determine the value of the bond. A dedicated Naperville legal team could help a detained immigration protect their rights and navigate this type of hearing.
Even though foreign nationals are not considered citizens, ICE should not violate the rights detained immigrants have under federal law. When it comes to making effective use of immigrant rights during detention in Naperville, support from an experienced legal representative is essential.
Detained individuals have little time to contact counsel and enforce their integrity. Call today to learn how an immigration defense lawyer could help you.
