Detention
Know your rights in the case that you are detained or held by immigration or DHS agents. Scroll down for information on bond.
Why Am I Being Held?
First, you are in a facility (or detained) while you wait for your immigration proceedings. The reasons you are being detained may be listed on a “Notice to Appear” form, given to you by an ICE or DHS agent; or, it may be listed in a “Warrant” that was given to you when ICE agents arrested you. Some possible reasons for detention are:
You were ordered to leave the country (or removed) by an Immigration Judge.
You came back into this country after you were made to leave in the past.
You are waiting for your removal hearing.
You are waiting for your asylum interview or hearing.
Why Am I In This Place?
ICE/DHS can put you in any place they want. They may also move you to another facility at any time. If ICE/DHS agents want to move you, they must tell you and your lawyer on the day of the move. They do not have to tell your family members or sponsors. You should be allowed a phone call when you get to the new place.
What Are My Rights While I Am In Here?
You have the right to be free of cruel, inhuman, or degrading treatment or punishment. This means you may not be denied food, water, or bathrooms. You may not be tortured or beaten.
You have a right to access legal materials, make phone calls, and write and get mail. You have the right to an attorney, but you are the one who has to pay. You may be able to find a pro bono (or free) attorney who can take your case. Please refer to our Consult an Immigration Attorney page for more information on accessing legal help.
If you are transgender, ICE agents are absolutely not allowed to discriminate against or harass you.
ICE may decide to keep you in a cell by yourself. If they have a good reason for this, they must review their decision regularly.
If you are treated badly in any way, you have the right to file a complaint with the facility and with ICE. You should also be sure to tell your attorney so that they can talk to people on your behalf.
For more information and answers to questions like “What if I have children at home?” and “What if I’ve lived in the U.S. for more than 2 years?”, download this Know Your Rights: Detention brochure from Roger Williams University.
Bond
What is Bond?
Bond is a certain amount of money the immigration judge asks for, as a guarantee that you will attend all your hearings. You are promising that, if they release you from the detention center, you will attend all your immigration hearings. It is important that, if granted bond, you attend to every hearing. Otherwise you’ll be likely deported without a chance to submit evidence that you qualify for bond. If you attend all your hearings, your bond money will be returned to you.
The bond amount varies depending on each case, but the minimum amount is $1,500.
Who Does Not Qualify For Bond?
Immigrants coming or attempting to come into the United States at a port-of-entry and immigrants with certain criminal convictions or terrorism concerns can be subject to mandatory detention. If ICE has determined that you are subject to mandatory detention, then you are not eligible for bond review.
Who Qualifies for Bond?
Everyone who does not fall in the above group and can prove that they are not a danger to the community and are not a flight risk can qualify for bond. Read more about “danger to the community” and “flight risk” factors here.
For more information about bond, and for answers to questions like “How Do I Ask For a Bond Hearing?” and “What Evidence Should I Bring to a Bond Hearing?”, download this bond pamphlet from Roger Williams University.
AMOR RI has paid bond for immigrants unjustly locked up at the Wyatt Detention Facility in Central Falls. To contact AMOR, call (401) 675-1414.