Rights of an Immigration Detainee: What to Tell Your Loved One if They Call You From ICE Detention

 The US Immigration and Customs Enforcement (ICE) authorities detain immigrants when they suspect unlawful entry into the US. They may also make an arrest when they have “probable cause” to suspect legal violations by an immigrant person on US soil.ICE detains these immigrants in detention facilities across the US. The friends and family of a detainee can work with a bail bond company to get them out. Such a company can help you secure immigration bail bonds in Arizona, Texas, Louisiana, or any other area in the US. If you have received the devastating news that your loved one is in ICE detention, you need to move fast to help them. But before you do, you must know the rights of a detainee to give the right advice when they call!

Can An ICE Detainee Call Their Friends or Family?

The telephone access rules for ICE detainees state that they can use “reasonably priced” telephone services to make calls from the detention center. If your loved one can afford telephone access, they can call you.

Moreover, detainees can make free calls to friends and family if they represent themselves instead of hiring an attorney. They can call anyone helping with their legal representation on an as-needed basis.

ICE also allows free calls to the detainee’s national consulate, lawyers from ICE-ERO’s list of pro bono counsels, or officials in specific government agencies like the DHS.

What Should You Tell A Detainee About Their Rights if They Call You?

If the detainee arranges a call with you, you should remind them about their rights. The following suggestions may help:

1. Remain Silent: A detainee may not divulge information about themselves to an ICE officer. Sometimes, police officers arrest and hand over immigrants toICE. One may have to share their name with the police officer if the state law requires it. For example, Arizona's statute requires arrested people to share their identity with the police. Other states like California do not require the same. Besides sharing the name, a detainee should not provide any information until they have consulted a lawyer. They should not reveal any detail about their citizenship status or home country without their attorney's advice.
2. Submit a Bond Hearing Request: The detainee can write a bond hearing request and send the letter to the Immigration Court with jurisdiction over their case. They may also request a bond hearing orally during their Master Calendar hearing. Meanwhile, the detainee's friends and family can work with an immigration bail bond company. You can consult immigration bail bondsmen to plan the bail payment if it is granted. At the same time, you can help by preparing a sponsorship letter and arranging evidence to prove the detainee’s community ties.
3. Seek Medical Care if Needed: Detainees have the right to seek medical care in ICE detention. If they feel unwell, they may request care from the ICE Health Service Corps.

Vital Tips to Share With an ICE Detainee

You may also share the following tips with your loved one:

1. Do not sign any document without the attorney’s advice.
2. Do not argue with ICE officials or obstruct them in the line of duty.
3. Do not lie about your immigration status or show the officials any fabricated documents.

These tips and tricks can help your loved one ensure a favorable outcome. Meanwhile, you can contact Amistad for help with the immigration bond to get them out. Our agents can help you get immigration bonds in Arizona and other jurisdictions to support your loved one!