What you have the right to do if detained by immigration officials

If immigration officials stop and detain you, you have specific legal rights that apply regardless of your immigration status. You have the right to remain silent and not answer questions about where you were born, how you entered the country, or your immigration status. You have the right to refuse a search of your belongings, your phone, or your home — though officials may search anyway, and you should not physically resist. You have the right to contact a lawyer or your family, though officials are not required to provide a phone immediately. You do not have to sign any documents, and you should ask to read anything before signing.

These rights exist in federal law and in most state laws, but they are not always explained to you at the moment of detention. Knowing them in advance means you can exercise them even if officials do not mention them. The specific way detention works — how long you can be held, where you go, and what happens next — depends on whether you are detained by local police, Border Patrol, or Immigration and Customs Enforcement (ICE).

Key Takeaways

  • You have the right to remain silent, refuse to answer questions about immigration status, and refuse searches — though officials may detain or search you anyway.
  • You have the right to contact a lawyer or family member, but officials are not required to provide a phone call immediately.
  • If detained by ICE, you will be taken to a detention facility and given a document called a Notice to Appear; this document tells you when your immigration hearing is scheduled.
  • Local police can hold you for up to 48 hours before transferring you to ICE, or they can release you; they cannot hold you solely because ICE requests it.
  • You should prepare in advance by keeping a lawyer's phone number memorized, telling family members what to do if you do not call, and understanding the difference between a police stop and an immigration detention.

The difference between a police stop and an immigration detention

A police officer can stop you and ask for identification if they have reasonable suspicion that you have committed a crime. An immigration officer can stop you and ask about your immigration status if they have reasonable suspicion that you are in the country illegally. The difference matters because the consequences are different, and your rights are slightly different in each situation.

During a police stop, you must provide your name and identification if the officer asks. You do not have to answer other questions. You can say: "I do not wish to answer questions" or "I want to speak to a lawyer." If the officer arrests you on a criminal charge, you will be booked into a local jail, and you have the right to a phone call. If the officer discovers you are undocumented during this arrest, they may contact ICE, and ICE may place a hold on you.

During an immigration stop, you do not have to answer questions about where you were born, how you entered the country, or your immigration status. You can refuse to sign documents. You can refuse to open your phone or let officials search your belongings. However, immigration officers can detain you based on your appearance, accent, or other factors, and they can take you into custody even if you refuse to answer questions. Once in custody, you will be transported to an ICE detention facility.

What happens in the first hours after ICE detention

When ICE takes you into custody, you will be transported to a detention facility — usually within a few hours, though this can vary. At the facility, you will be photographed, fingerprinted, and asked questions about your background. You do not have to answer questions beyond your name. You should say clearly: "I want to speak to a lawyer before answering any questions."

Within 72 hours of your arrest, ICE must either release you, transfer you to another facility, or file a charging document called a Notice to Appear. This document lists the charges against you (usually "present in the country without admission or parole") and tells you the date and time of your immigration hearing. You will receive a copy. If ICE does not file this document within 72 hours, they must release you, though this rarely happens in practice.

You will also be told whether you are being held with or without bond. If ICE sets a bond amount, you or your family can pay it to get you released while your case is pending. If ICE says you are being held without bond, you can request a bond hearing before an immigration judge, usually within a week or two. At this hearing, you can argue that you should be released and that you are not a flight risk or a danger.

Your right to a lawyer and how to find one

You have the right to a lawyer at every stage of immigration detention and proceedings. The government does not have to provide one for free — unlike criminal cases, there is no right to a government-appointed lawyer in immigration court. This means you need to find and pay for a lawyer yourself, or find a free or low-cost option.

Free and low-cost legal help is available through nonprofit organizations in most areas. You can search for these through the Executive Office for Immigration Review's list of accredited representatives and organizations, or by calling 211 and asking for immigration legal services. Some organizations provide free consultations, and some work on a sliding scale based on income. If you cannot afford a lawyer, tell the immigration judge this at your first hearing, and ask for a continuance (delay) so you can find one.

If you are detained, you should try to contact a lawyer as soon as possible. Keep a lawyer's phone number memorized or written down before you are detained. Tell family members or friends what to do if you do not call them — they can contact a lawyer on your behalf. A lawyer can request your release, negotiate with ICE, and represent you in immigration court. A lawyer can also help you understand whether you have any options to stay in the country legally, such as asylum, cancellation of removal, or other forms of relief.

How local police holds and ICE holds work together

If local police arrest you on a criminal charge and discover you are undocumented, they may contact ICE. ICE can then place what is called an ICE hold (or immigration detainer) on you. This is a request that the local jail hold you for up to 48 hours after you would normally be released, so ICE can pick you up.

Local police are not required to honor an ICE hold. In some states and cities, local police policy forbids holding someone solely because of an ICE hold. In other places, police will hold you. If you are arrested on a criminal charge, ask the police or jail staff whether ICE has placed a hold on you. If they say yes, you can tell your lawyer, and your lawyer can try to get the hold removed or can prepare for ICE to take you into custody.

If local police release you and ICE is waiting outside the jail, ICE can arrest you at that moment. If you are released and ICE is not present, you are free to go, though ICE may find you later. The key point is that a local arrest can trigger an immigration detention, so understanding what is happening at each stage helps you prepare.

What to expect during your immigration hearing

Your immigration hearing will take place in immigration court before an immigration judge. The judge is not a criminal court judge; they work for the Department of Justice's Executive Office for Immigration Review. The hearing will cover whether you are deportable (whether the government can remove you from the country) and whether you have any legal grounds to stay.

At your first hearing, called a master calendar hearing, the judge will ask whether you have a lawyer, whether you understand the charges against you, and whether you want to admit or deny them. You do not have to admit anything. You can say you need time to find a lawyer or to prepare your case. The judge will set a date for your next hearing.

At a later hearing, called a merits hearing or individual hearing, you and your lawyer (if you have one) will present evidence and arguments about why you should not be deported. This might include evidence that you have family in the country, that you have lived here for many years, that you have a job, or that you have a legal basis to stay such as asylum. The judge will decide whether to order you deported or to grant you relief from deportation.

How to prepare before you are detained

You can take steps now to protect yourself if you are detained in the future. Write down the phone number of a lawyer or legal organization and keep it somewhere you can access it — memorize it if possible. Tell a trusted family member or friend what to do if you do not call them: they should contact a lawyer immediately and tell the lawyer you have been detained.

Keep important documents in a safe place at home, not on you: your birth certificate, any immigration documents you have, proof of residence, proof of employment, and proof of family relationships. If you are detained, you can ask ICE to let you contact someone to retrieve these documents, or you can tell your lawyer where they are so your lawyer can get them for your hearing.

Know your rights and practice saying them out loud: "I do not wish to answer questions," "I want to speak to a lawyer," "I do not consent to a search." If you are stopped, stay calm, keep your hands visible, and do not run or resist physically. Anything you say can be used against you, so silence is safer than trying to explain.

Frequently Asked Questions

Can immigration officials search my phone or car without a warrant?

You can refuse, but they may search anyway. At the border or within 100 miles of it, Border Patrol has broad search powers. Elsewhere, immigration officers are supposed to have a warrant or your consent to search your home or car. You should say "I do not consent to a search," but do not physically resist. If they search anyway, your lawyer can challenge it later in court.

What if I am detained and I am pregnant, elderly, or have a medical condition?

Tell ICE staff immediately about any medical condition or pregnancy. ICE has policies requiring certain care, though enforcement varies by facility. Your lawyer can also request your release based on medical grounds. Detention facilities are not equipped to provide specialized medical care, and judges sometimes release people on bond for this reason.

Can ICE detain me if I am a legal permanent resident?

Yes, if you have a criminal conviction or if ICE believes you are deportable for another reason. Even legal permanent residents can be deported. If you are a permanent resident and are detained, tell ICE immediately and contact a lawyer. Your status gives you more rights than someone without status, but you still need a lawyer to protect them.

How long can ICE hold me without filing charges?

ICE must file a Notice to Appear within 72 hours or release you. However, if you are transferred between facilities, the 72-hour clock may restart. If you are not released and no document is filed, your lawyer can file a habeas corpus petition in federal court to challenge the detention.

What if I am detained and I have U.S. citizen children at home?

Tell ICE about your children and ask to make arrangements for their care before you are transported. You can also ask your lawyer to request your release based on family hardship. Some judges will release you on bond if you have young children and no one else to care for them, though this is not may provide.