Yes, You Have Rights Even Under a Trump Administration!
3/1/2024
If you, a family member, or friend are undocumented, the most important thing you can do right now to protect your rights is to be prepared for how to respond if you are detained. This will help to ensure that your rights are protected and that you can fight your removal before an Immigration Judge.
Why You Might Be Detained
Not all undocumented immigrants are detained once they are caught by ICE. In fact, you are more likely to be released if you have family in the U.S., have no criminal history, and appear to have a case for relief from deportation.
You are more likely to be detained if you have a criminal history or a prior negative immigration history, like a deportation. If you have a criminal history, you may still be eligible for bond, but if you have a prior deportation order, ICE can use that order to immediately remove you from the U.S. without getting a chance to fight in immigration court.
If ICE doesn’t release you, or if you are unable to pay bond before being transferred to an immigration detention center, you should be prepared for what to expect once you are detained.
Contacting Family & Friends
If you are detained, you can, and should, contact your family or friends as soon as possible. You have the right to make one free, local call. You are responsible for the cost of all other calls, either by establishing an inmate account or by making collect calls.
Let whoever you contact know where you are detained, your alien registration number (“A number”), and any bond information. Your A number is listed on any paperwork you are given, including the document called the “Notice to Appear” – the document that tells you what you are charged with and ordering you to appear for Immigration Court – given to you by ICE.
Your “A number” is extremely important for your family to know, since it will help them to communicate with immigration officials about your case. You should also give them any bond information, such as whether a bond was granted and the amount.
If you have an immigration lawyer, ask your family to contact them immediately. You also have the right to speak to your home country’s consulate. If you want to speak to your consulate, ICE should give you the contact information or help you contact them. The consulate may be able to help you contact your family or help you find a lawyer.
Be Careful What You Say
It is very important that you are honest with the officers that you speak with during this process. If you give false information, such as a fake name or date of birth, this can hurt your case and make it more difficult for your family and friends to locate you.
If you are unsure about what you should or should not say, especially if you have a criminal record or complicated immigration history, it is best to speak with an immigration lawyer before you say anything.
FIND OUT WHERE YOU STAND! You may already qualify for a benefit that you are not aware of yet. If you have never talked to an immigration attorney about your situation before, now is the best time to do so – before the new administration starts making changes that may affect you and your family. Contact an experienced, licensed attorney to find out what YOU can do to help your situation.
If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm
5718 University Heights Blvd #104,
San Antonio, TX 78249
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