I am detained while my immigration case is underway

Regardless of your immigration status, you have guaranteed rights under the Constitution. Learn more here about your rights as an immigrant, and how to express them.

Organization Source:
ACLU 

Organization Website:
https://www.aclu.org/ 

Categories:
Interaction with law enforcement (LEA) | LEA – Detained by ICE

 Date Last Updated: February 28, 2024 

Your rights

  • Most people who are detained while their case is underway are eligible to be released on bond or with other reporting conditions.
  • You have the right to call a lawyer or your family if you are detained, and you have the right to be visited by a lawyer in detention.
  • You have the right to have your attorney with you at any hearing before an immigration judge.

What to do if you are detained

  • If you are denied release after being arrested for an immigration violation, ask for a bond hearing before an immigration judge. In many cases, an immigration judge can order that you be released or that your bond be lowered.

Additional resources

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