Button 3 Button 1 Button 2 Button 4 Button 5 Button 6
  • Twitter
  • Facebook
  • Google
630-932-9100
Free Initial Consultation | Se habla español 630-932-9100
Mevorah Law Offices LLC
630-932-9100
DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

JOLIET

58 N. Chicago Street, Suite 500, Joliet, IL 60432

Phone: 815-727-4500

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

Immigration Detention: Know Your Rights If You Are Detained

Posted on in Immigration
  • Font size: Larger Smaller
  • Hits: 1612
  • Print

Chicago immigration attorney, ICE, immigration detainer, immigration detention, Mevorah Law Offices LLC, immigration rights, immigration statusBeing detained by Immigration and Customs Enforcement (ICE), or another law enforcement agency, can be one of the most terrifying experiences during a person’s life. An individual may feel powerless and frightened, and it is made worse by the fact that many times, for reasons of bureaucratic short-staffing, neglect, or simple xenophobia, detainees are not advised properly of their rights.

If you are detained, it is is absolutely imperative that you know your rights, especially if you have family who may soon be in the same position.

Arrested by ICE

If you are arrested or detained by immigration personnel, your rights are fairly clear-cut, based on statutory law and case precedent. The most important factors to remember are to not discuss your immigration status without an attorney present, and to not sign anything offered unless an attorney is present. While the majority of immigration officers are honorable, there are some who value expediency more than protocol, and it is not unheard of to force detainees to sign papers that concede their removability before they are even able to see a judge.

You are entitled to a phone call, but some numbers may be blocked, depending on the facility in which you are taken. You also may be transferred to another facility, but you may be able to post bond, depending on your reason for detention. However, be advised that Illinois, along with three other states, does not allow bail bondsmen to operate. You will instead have to deal directly with the court.

Keep in mind that you may be able to obtain a copy of your immigration file while in detention. You have a right to do so, though you may have to get it via a Freedom of Information Act (FOIA) request.

Arrested by Police

Additionally, your situation is very different if you are arrested by the police. In almost all jurisdictions, including Illinois, you must be charged with a crime within 48-72 hours (in most states, 48 hours is the limit, but some do have the longer limit). However, police may extend that longer if they file an immigration detainer. Detainers are forms sent from ICE to law enforcement agencies, asking them to hold someone for 48 hours longer than they would normally be permitted to do before that person is turned over to ICE.

The same advice applies with the police as it would with ICE: do not lie about your immigration status. If you lie to law enforcement officers, it may be used against you later. Lying can imply poor character—at least legally—and poor character is a main element in crimes of moral turpitude (CIMTs).

If you commit a CIMT within five years of your admission into the United States, or multiple CIMTs at any point (if they do not result from the same criminal scheme), you will be declared removable. Bond is also less likely to be available when you are in police custody, as opposed to ICE custody.

Make an Attorney Your One Phone Call

Immigration detention can be terrifying, and it can be the difference between freedom and deportation. However, the experienced Chicago immigration attorneys at Mevorah Law Offices LLC have a long history of success, and we can put it to work for you. Call us today at 630-932-9100 to schedule a consultation.

  • DuPage County Immigration Lawyers
  • Elite Lawyers
  • National Association of Distinguished Counsel
  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers

Let us start helping you with a FREE initial consultation.

NOTE: Fields with a * indicate a required field.
*
*
*

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 35 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Joliet, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted