I’ve been arrested and need to challenge a deportation order

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:
Civil Rights (CR), Interaction with law enforcement (LEA) | CR – Constitutional Rights/Guarantees, LEA – Detained by ICE

 Date Last Updated: February 28, 2024 

Your rights

  • You have the right to a hearing to challenge a deportation order, unless you waive your right to a hearing, sign something called a “Stipulated Removal Order,” or take “voluntary departure.”
  • You have the right to an attorney, but the government does not have to provide one for you. Ask for a list of free or low-cost alternatives. If you have no lawyer, ask the court to allow you time to find one.

What to do if you are arrested

  • If you are told that you do not have the right to see an immigration judge, you should speak with a lawyer immediately. There are some cases in which a person might not have a right to see an immigration judge. But even if you are told that is your situation, you should ask to speak to a lawyer immediately because Immigration officers will not always know or tell you about exceptions might apply to you.
  • If you fear persecution or torture in your home country, tell an officer and contact a lawyer immediately. You have additional rights if you have this fear.

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