Did you know that as an immigrant or undocumented individual in the United States, you possess legally protected rights? Regardless of your immigration status, you are entitled to fair treatment. However, immigration authorities and law enforcement won't automatically recognize these rights—you must take proactive steps to assert them. Presenting a "Know Your Rights" card or verbally informing officers that you're exercising your rights can help ensure you maintain a stronger legal position.

If you find yourself detained, understand that every decision you make could significantly impact your future. Refuse to sign any documents—particularly those related to voluntary departure or deportation—unless you've thoroughly consulted with legal representation. A single misstep could cost you valuable opportunities to remain in the country.

Critical Rights to Remember During Immigration Detention

If detained in an immigration facility, these seven fundamental rights can help protect you:

  • Share Your Identification Details: Provide your Alien Registration Number ("A-Number") to a trusted family member or friend who can help secure legal representation on your behalf.
  • Right to Legal Counsel: While the government won't provide an attorney, you have the absolute right to hire one. If unable to afford private counsel, request a list of free or low-cost legal services. You're entitled to have your lawyer present during meetings with immigration officers and in immigration court proceedings.
  • Right to Remain Silent: You may refuse to answer questions about your birthplace, method of entry, or length of U.S. residence. Such information could be used against you in your case.
  • Bond Eligibility: Many detainees qualify for release during proceedings by posting bond or meeting alternative conditions. If immigration officials deny bond, request a hearing where an immigration judge may order your release or reduce the bond amount.
  • Consular Access: You may request to contact your country's consulate, which can assist with finding legal representation or providing guidance.
  • Parental Responsibilities: Inform officers if you have minor children. Ideally, create a safety plan with your children and designated caregivers before any potential detention, ensuring schools have proper authorization documents.
  • Minimum Detention Standards: Facilities must maintain safety and sanitation standards including medical care, adequate food/water, hygiene facilities, visitation policies, grievance procedures, and proper management—though standards vary between centers.

Understanding these rights helps maintain your dignity and hope during detention. Remember: each right represents a crucial tool for protecting yourself and safeguarding your future in the United States.