Know Your Rights When Facing ICE Holds

October 13, 2017

There's been a lot of frightening news about ICE increases, recently. Since earlier this year, ICE arrests have increased by nearly 40% and show no sign of slowing down.

And while ICE agents are known for using force and tearing families apart, you're not without your own ability to fight.

Within the United States, you have rights. Your immigration status doesn't matter. What matters is that you, on U.S. soil, are entitled to certain rights should you be detained.

Keep yourself and your family safe when facing ICE holds. Here's a quick rundown of the rights you have when facing ICE.

Remain Calm

First, it's pertinent that you understand how important it is to remain calm. ICE agents are likely going to use anything you say or do against you, so it's critical to keep your composure.

We understand that what you're going through is utterly terrifying. But believe us, keeping calm is one of the best things a detainee can do for themselves.

Don't resist arrest. If an officer believes you're resisting, they'll likely resort to using brute force to bring you in.

Let them take you in without a fight and they'll have less to use against you.

When Facing ICE Holds, Silence Speaks Louder Than Words
Just as you've remained calm, it's important to remain as quiet as possible. You're very likely shaken up by the hold and may feel the urge to speak your mind.

However, you need to remember that what you say may be construed as incriminating. Therefore, it's recommended that you stay silent unless absolutely necessary.

If you have your papers on you, it's okay to mention that. But otherwise, say as little as possible.

You Have the Right to Phone Access

While you may not wish to say much to the ICE agents, you still have access to a telephone.

According to guidelines, detainees are to be provided with, "...reasonable and equitable access to telephones."

That means that much like other citizens, you have the right to a free phone call when ICE holds are enforced.

You're free to use the phone to call any of the following:

  • Immigration court
  • Family (in the instance of an emergency)
  • State or Federal courts
  • Consular officials
  • Legal service providers
  • A government office (to request proof of legal immigration)


You Have the Right to Same Day Release


Since you have the right to call a legal service provider, it's possible that you can get same day release. ICE holds can take days and even weeks to process sometimes.

But immigration bonds are particularly complex, so make sure you're working with professionals that understand the system.

Therefore, make sure that you call the right immigration bonds service. Ideally, the service should be bilingual and offer same day release services.

Let Action Bail Help

Here at Action Bail, we understand how scary ICE holds can be. That's why we've made it our #1 priority to get detainees released as quickly as possible.

If you or a loved one are facing a hold, get in touch. We're available 24 hours a day, 7 days a week. There's no need to sit in a cell - get in touch today.

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