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.


Jennifer Walker Gates On G+

How to determine if your immigrant child is in the U.S.A.

On June 19, the Office of Refugee Resettlement (ORR) — the government agency tasked with processing, housing, and caring for unaccompanied immigrant children — opened a telephone hotline for individuals wanting to know whether their child is in ORR care.

The number is 1-800-203-7001 and will be operational 7 days a week from 9:00AM to 9:00PM Eastern Standard Time. Individuals searching for a child should have the child’s name, date of birth, and any important or identifying information about the child (for example, scars, birthmarks, or medications required). The telephone operator, who is a Spanish speaker, will take down the information about the child and the caller’s contact information. He or she will then conduct a search of ORR systems to determine if the child is in ORR care. If the child is, in fact, in ORR custody, the child’s case worker will be provided with the caller’s contact information, and the caller will be contacted by the case worker as soon as is practicable.

The packet of documents required to reunite a child with his or her parent or sponsor is called the Family Reunification Packet. The packet includes an Application for Family Reunification, and is available in Spanish and English. All required documents are on ORR’s website (link below) under “Key Documents for the Unaccompanied Children’s Services Program.”

http://www.acf.hhs.gov/programs/orr/programs/ucs

If you are the parent or caregiver of an immigrant minor, and would like assistance exploring immigration-related legal issues related to your child, please contact us at (512) 633-1785 or via our website contact form to schedule a consultation.