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Undocumented immigrants: Know your rights if arrested

On Behalf of | Jun 15, 2021 | Criminal Defense, Immigration Law

Undocumented residents and their families in Shelbyville and Louisville and other areas of Kentucky may want to learn more about what to do if they are placed under arrest. Immigration raids may happen, and you should know what to do and not do if you face questioning by police.

According to the ACLU Kentucky, you have the following rights if they detain you:

  1. To remain silent
  2. To speak to a lawyer
  3. Make a phone call if they arrest you

What family can do in the first 72 hours

If they take you in a raid, your family can help find you in detention and provide the information to the community and other family members. They can also report any abuses in detention. An important step they can take is to find a lawyer or advocate for the person detained.

Do not delay, as transfers happen quickly

If you act quickly, you can reduce the risk of the transfer of a detainee. It is very important to find an attorney that knows the law regarding deportation/removal/immigration bonds as they may be able to defend the detainee.

As a friend or family member, you can visit a detention center or hold a press conference as well as report violations. Immigration detention facilities are all different; they each have different visitor and entry policies.

Transfers often happen quickly, with the detainee often ending up out of state. That is why fast initial action by family members is so important.

How a family member or friend might get someone out of immigration detention

Find out if the person detained is eligible for bond. You may be able to ask for a bond hearing with an immigration judge. If a loved one is detained, an attorney can be a useful resource for figuring out what to do.