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What Are Your Rights If You Are Undocumented & Detained By Immigration And Customs Enforcement (ICE) Or Arrested By The Police?

What Are Your Rights If You Are Undocumented & Detained by Immigration and Customs Enforcement (ICE) or Arrested by the Police?

In previous articles we advised you of your rights if you are undocumented and encounter ICE or the police at home, at work, on the street, or while driving your car.

What are your rights and what should you do if you are subsequently detained by ICE or arrested by the police?

1. You have the right to make a phone call.

  • You should call your emergency contact or your lawyer.

2. You have the right to remain silent.

  • This includes your immigration status, where you were born, how/when you came to the U.S., and your criminal background.
  • Say out loud that you wish to remain silent.

3. You have the right to speak to an attorney.

  • If in police custody: You should ask for an attorney and one will automatically be provided to you.
  • If in ICE custody: You or your emergency contact must hire an attorney as one will not be automatically provided to you.

4. You have the right to refuse to sign any document before speaking to your attorney.

  • Say out loud that you will not sign anything until you speak with your attorney.

If you want more information about your rights or to learn if you might be eligible for immigration benefits or relief, contact the Law Offices of Azita M. Mojarad, P.C. by e-mailing azita@azitalaw.com or calling (312) 641-0771.

Azita M. Mojarad

Azita M. Mojarad is the founder of the Law Offices of Azita M. Mojarad, P.C. For over 20 years, she has helped thousands of clients with immigration, divorce, criminal defense, and business law matters in Chicago and the greater Illinois area. She holds a J.D. from Loyola University Chicago School of Law and an M.B.A. from North Park University. Azita is AV Preeminent Rated by Martindale-Hubbell and recognized as a Leading Lawyer in Immigration and Divorce by the Leading Lawyers Network since 2012.

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