Any time Immigration and Customs Enforcement (ICE) detains someone based on suspicion of an immigration law violation, acting quickly to secure legal representation is crucial. Although people taken into ICE custody have certain rights under federal law, those rights are not the same as U.S. citizens arrested on criminal charges. This can often make it difficult to enforce one’s rights and integrity.
Understanding immigrant rights during detention in Oak Brook can make a huge difference when defending your family’s best interests. You could give yourself the best chance possible to secure a favorable outcome with guidance and support from a seasoned immigration detention lawyer.
While there are key differences between detention on criminal charges and detention for immigration-related offenses, both types of cases are similar in many ways. For example, every immigrant detained by ICE has a right to a hearing before an immigration judge regarding his or her eligibility for release on bond. He or she cannot be deported without a fair hearing first. Furthermore, ICE must detain immigrants in humane conditions, which means they must have adequate food and water, access to medical care, and a right to visitation with family members and legal counsel.
It is worth noting that non-citizens in the U.S. have a right to be free from unconstitutional searches of their homes and workplaces by ICE or any other federal agency, just like any citizen does. No local law enforcement agency may enforce federal immigration law, nor may they confiscate any immigrant’s property solely based on his or her allegedly unlawful immigration status. A dedicated Oak Brook attorney could explain these and other essential immigrant rights during detention over a private consultation.
One of the most significant differences between detention following a criminal arrest and detention related to removal proceedings is that immigrants detained by ICE do not have a constitutional right to legal counsel. This means that neither the federal nor state government will provide legal representation free of charge to a detained immigrant who cannot afford or chooses not to retain private counsel.
This is a stark gap in U.S. federal policy for protecting vulnerable people from unjust treatment. Support from a skilled lawyer in Oak Brook can be crucial in ensuring ICE and other federal agencies do not violate detain an immigrant unjustly and violate his or her rights. Fortunately, help may be available from the Consul of a detained person’s nation of origin.
Even though immigrants detained as part of removal proceedings have rights under federal law, authorities may not respect those rights. To ensure you or your family member is not mistreated, seeking help from a tenacious legal representative may be necessary.
A capable legal team member could work diligently throughout your case to protect your immigrant rights during detention in Oak Brook. Reach out to us today to schedule a meeting.