ICE Arrest Rights: What to Do in the First Hours

You have constitutional rights during an ICE arrest, regardless of your immigration status. You may remain silent, refuse to sign documents without an attorney present, and request legal counsel. ICE must provide a written notice of the charges against you. Acting quickly in the first hours — contacting a lawyer and informing family — is critical to protecting your case.

Your Core Rights After an ICE Arrest

Every person detained by ICE (U.S. Immigration and Customs Enforcement) — regardless of citizenship or immigration status — retains fundamental rights under the U.S. Constitution and federal law:

• Right to remain silent. Under the Fifth Amendment, you are not required to answer questions about your immigration history, place of birth, or how you entered the United States.
• Right to an attorney. You have the right to speak with an immigration lawyer before answering questions. Unlike criminal cases, the government is not required to provide a free attorney in immigration proceedings, but you may hire one or seek a nonprofit legal organization.
• Right to refuse unlawful searches. Under the Fourth Amendment, you may decline a search of your home or belongings if officers do not have a valid judicial warrant.
• Right to contact your consulate. Under the Vienna Convention on Consular Relations, you may request that your country's consulate be notified of your detention.
• Right to a hearing. In most cases, you are entitled to a hearing before an immigration judge before a final order of removal is issued.

When These Rights Apply — and Exceptions

These rights apply in the vast majority of ICE detentions. However, there are important exceptions you should know:

• Expedited removal (ускоренная депортация): If you are apprehended near the border and cannot demonstrate continuous presence in the United States, ICE may process you through expedited removal without a full immigration court hearing under INA §235(b)(1).
• Reinstated orders: If you have a prior order of removal and re-entered the country without authorization, ICE can reinstate the original order under INA §241(a)(5) without a new hearing.
• Criminal grounds: Certain criminal convictions can accelerate removal proceedings or limit relief options.

If you are unsure which category applies to you, consult Ilya Fishkin, immigration attorney immediately — the classification of your arrest determines which protections and remedies are available.

Step-by-Step: What to Do in the First Hours After ICE Detention

1. Stay calm and do not resist. Physically resisting an ICE arrest can result in criminal charges that will seriously harm your immigration case.
2. Invoke your right to silence. Clearly state: "I am exercising my right to remain silent." Do not answer questions about your birthplace, entry date, or immigration history without an attorney.
3. Do not sign any documents. Avoid signing anything — including a "voluntary departure" agreement or a stipulated order of removal — without first consulting a lawyer. Signing can waive important legal rights.
4. Request an attorney immediately. Ask ICE officers for the opportunity to contact an immigration attorney or a nonprofit legal organization. Write down the name of any officer you interact with.
5. Memorize or carry an emergency contact card. Before any potential encounter with ICE, prepare a card with your attorney's phone number, a trusted family member's contact, and the phrase "I want my attorney."
6. Ask for a bond hearing. In many cases you may be eligible for a bond hearing before an immigration judge. Your attorney can file a motion to request one promptly.

What the Law Says

The legal framework governing ICE arrests and deportation proceedings is established primarily by the Immigration and Nationality Act (INA) and the Code of Federal Regulations (CFR), Title 8:

• INA §240 establishes the right to a removal hearing before an immigration judge for most non-citizens.
• INA §241(a) governs the execution of orders of removal and the conditions of post-order detention.
• 8 CFR §287.3 requires ICE to inform detainees of their rights and the charges against them.
• If you wish to appeal an order of removal, you generally have 30 days from the date of the order to file an appeal with the Board of Immigration Appeals (BIA). A motion to reopen must typically be filed within 90 days.
• An application for a Stay of Deportation (Form I-246) may be filed with ICE to temporarily halt removal while you pursue other legal options. The current filing fee for Form I-246 is $155 — verify the current fee at ICE.gov before filing.

For the full text of governing regulations, consult the U.S. Department of Justice, which oversees the Executive Office for Immigration Review (EOIR) and the immigration courts.

Important Costs and Deadlines to Know

• Appeal deadline: 30 days to appeal an order of removal to the BIA.
• Motion to Reopen deadline: 90 days from the date of the removal order in most cases.
• Form I-246 (Stay of Deportation) fee: $155 (verify current amount on ice.gov).
• Form I-290B (Notice of Appeal) fee: $800 — confirm the current fee on uscis.gov/feecalculator.
• Voluntary departure period: Up to 120 days may be granted by an immigration judge if you qualify under INA §240B.

This material is for informational purposes only and does not constitute legal advice