What Should I Do If I am Detained By ICE?

Hi, I am Jennifer Walker Gates with Walker Gates Vela. Today’s immigration law question comes from Daniel in Harlingen, Texas. Daniel asks, “What should I do if I’m detained by ICE?” If you are in the United States and you are undocumented, you must unfortunately face the reality that you are at risk of being detained by ICE and questioned. This can happen if you are arrested for a crime or even if you’re simply pulled over in your car for having a taillight out or an expired inspection sticker.

However, just because you’re detained and questioned by ICE does not mean that you will immediately be deported. In order to protect yourself and your family from the devastating consequences of deportation, it is important to know your rights and responsibilities in case of an ICE detention.

The three most important things to know if you’re detained by ICE are: Don’t say anything, don’t sign anything, and talk to your lawyer. In the United States, the right to remain silent with law enforcement officers is enshrined in our Constitution. Therefore, if you’re detained by ICE, the only thing you should say is, “Thank you. With all due respect, I wish to talk to my lawyer. I decline to comment without first talking to my lawyer.” It is important to be respectful. Don’t make the ICE agents your enemy, but more important is that you not reveal too much to ICE until your lawyer has analyzed your case and informed you about the best course of action.

The second rule for ICE detentions is don’t sign anything, especially if you’re unable to read and clearly understand what you’re signing, do not sign anything. Many immigrants come to Walker Gates Vela having spent many years in the United States, having built a family and contributed a lot to this country. However, because they signed a voluntary departure order during an ICE detention, they are often ineligible for any benefits with immigration because crossing out of the United States and back in without permission can destroy your chances of ever becoming a legal resident in this country.

Signing a voluntary departure might make your detention with ICE shorter, it might seem like a better idea than fighting your case in the immigration courts with lawyers and judges and all of that stress and expense. However, if you leave the United States and then are caught reentering illegally, you can be charged with a felony and sentenced to time in federal prison. Given the level of crime and danger at the US-Mexico border, you could also be risking your life by leaving, and trying to come back without permission.

So well, it might take longer to get out of detention, refusing to sign a voluntary departure is extremely important for your future immigration status in this country. So, remember if you’re detained by ICE, your job is don’t say anything, don’t sign anything. Instead, call us at Walker Gates Vela at 512-633-1785 and let us help you get out of detention.


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Avoid Deportation: The Three Most Important Points for Avoiding Removal from the United States

If you are in the United States and undocumented, unfortunately, you must face the reality that you are at risk of being arrested or questioned by ICE. This can happen if you are arrested for a crime, if there is a raid at your home or place of work, or even if you just stopped in your car for having a taillight out or an expired inspection sticker. If you are detained and/or deported, everything you have cared and worked for in the United States is put at risk.

However, just because you are detained and questioned by ICE does not mean that you will be deported immediately IF you know how to protect your legal rights. The three most important things to know if you are detained by ICE are: 1. Say nothing. 2. Don’t sign anything. 3. Get an Austin immigration lawyer.

  1. Say Nothing: In the United States, the right to remain silent with law enforcement authorities is enshrined in our Constitution.  Therefore, if you are stopped by ICE, the only thing you should say is, “Thank you. With all due respect, I refuse to comment until I speak with my attorney.”

Anything you say can be used against you later – in the criminal context (if you have been accused of a crime), and in the immigration context. So, answering the immigration authorities’ questions about where you were born, when you came to the United States, how you came here, where you live now, etc. etc. will probably be written down and then used against you in deportation proceedings. The best thing to say is, “I don’t want to speak with anyone but my lawyer.” Of course, be respectful and as cooperative as you can be – without engaging in conversation!

  1. Sign Nothing: The second rule for handling an ICE arrest is  “Don’t sign anything.” Especially if you are unable to clearly read and understand what you are signing, do not sign anything!

Signing a “voluntary return” is considered by the immigration service to break a person’s time living in the United States. So, you may have 20 years or more living here, no criminal record, and a child with a severe disability, but if you sign a voluntary return all of those good factors in your case are wiped away as far as the immigration service is concerned. If you come back to the United States without permission, you destroy your chances of legalizing your status through a family member and you may be charged with a federal felony and sentenced to time in a federal prison. Finally, crossing the border with human smugglers is exceedingly dangerous. Thousands of immigrants have died in the process, thousands more have become victims of kidnapping, human trafficking, and other crimes. So, no matter what, if you are detained by ICE and hope to have a chance of winning lawful status in the United States, do not sign anything that they put in front of you until a trusted lawyer has reviewed your case.

  1. Get an immigration lawyer: If you are undocumented, the time to talk to an immigration lawyer is BEFORE there is an emergency. Interview several if you can so as to find one that you trust. Make sure your immigration lawyer has expertise in cases like yours and handles cases involving arrests, detentions, and deportation. Many immigration attorneys do not handle deportation matters.

Protection of your rights is not automatic. If you do not know what to do – and what NOT to do – in the case of arrest, you run the risk of destroying your chances of ever having legal immigration status. In the United States, our immigration system is extremely strict and very harsh in its application in many cases – especially involving undocumented immigrants. For this reason, knowing how to protect yourself in case of an ICE encounter is critically important to protect yourself and your family against the ruinous results of a run-in with the deportation machine.

Jennifer Walker Gates On G+