Immigrants' & Refugee Rights: If You Have Been Arrested or Detained

Everyone in America, no matter their citizenship or immigration status, has guaranteed rights under the Constitution. Learn about your rights when interacting with Immigration and Customs Enforcement (ICE) and how to express them.

Know Your Rights

What If I’ve been arrested or detained by ICE:

Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without a lawyer.
If ICE has detained you, you have the right to contact your consulate or have an officer inform the consulate of your detention.
Remember your immigration number (“A” ####) and give it to your family. It will help others locate you.
Keep a copy of your immigration documents with someone you trust.
If you are not a U.S. citizen, ask your lawyer about the effect of a criminal conviction or plea on your immigration status. If you are a U.S. citizen but are accused of a crime that occurred before naturalizing, ask your lawyer about the effect of a criminal conviction or plea on your citizenship.
If you are in jail, don’t discuss your immigration status with anyone but your lawyer. While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer.
Read all papers carefully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.
If you are afraid to return to your country of origin, inform ICE officers. You may be eligible for specific forms of protection.

What if I need a lawyer:

If arrested by local law enforcement, you have the right to a private phone call within a reasonable time of your arrest. Police may not listen to the call if it is made to a lawyer.

What if I am detained while my immigration case is underway:

If you are detained by ICE, you have the right to hire a lawyer, but the government does not have to provide one. Ask for a list of free or low-cost alternatives.
If ICE detains you, you have the right to call a lawyer or your family, 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.
Many people detained while their case is underway can 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.
If you are denied release after being arrested for an immigration violation, you may be eligible for a bond hearing before an immigration judge. If granted a bond hearing, you can present evidence that you are not a flight risk or a danger to the community. In many cases, an immigration judge can order that you be released or your bond be lowered.
If you are afraid to return to your country of origin, you may be eligible for certain protection from being deported. If you are scared, you must express that fear to the officer or judge that you are taken to see.

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

You may have the right to a hearing to challenge a deportation order. However, you waive your right to a hearing if you sign a “Stipulated Removal Order” or take “voluntary departure.”
You have the right to an attorney, but the government does not have to provide one. Ask for a list of free or low-cost alternatives. If you have no lawyer, ask the court or the immigration officer to allow you time to find one.
If you are told you do not have the right to see an immigration judge, you should speak with a lawyer immediately. In some cases, a person might not have a right to see an immigration judge but may still have options. It would be best if you asked to speak to a lawyer immediately because immigration officers will not always know or tell you about exceptions that might apply to you.
If you fear being harmed in any way in your home country, tell an officer and contact a lawyer immediately. You have additional rights if you have this fear.