If an immigrant is arrested or detained by police or ICE they have a right to: remain silent, say no if they want to search you, and ask for a lawyer unless they’re detained by ICE where they can get a cheaper or free alternative. A police officer must read someone’s Miranda rights before beginning questioning of a suspect. However, a police officer does not need to read these rights before an arrest. If the police fail to read your Miranda rights, then any evidence obtained from the suspect prior to being advised of their rights may be inadmissible as evidence at trial. On the contrary, ICE does not need to read your Miranda rights when being detained, but that doesn’t mean these rights don’t apply to you. Unauthorized immigrants may have been told they don’t have rights, but this is false. Know Your Rights: Immigrants Rights
“You have the right to a lawyer, but the government will not pay for or provide that lawyer. You must hire one or find someone who will represent you for free. (Immigration should give you a list of groups you can call that may provide free or low-cost legal advice or representation.) If you see a judge before you can get legal advice, you should ask the judge for more time to find a lawyer.”
Tell your lawyer all information about your immigration case, including if you’ve been arrested before. This ensures they can give you the best advice; lying or keeping information could end up hurting your case more. Know Your Rights: Legal Options According to the law, you can’t be held by ICE for more than a maximum of 48 hours. The law says you have to be released if they don’t take custody of you within that time.
“In some instances, law enforcement officers who do not understand or who disregard the law might try to keep you in custody for longer than 48 hours. This is considered unlawful detention, and some remedies exist, including filing a petition with a federal court to challenge your detention or seeking civil damages.”
What Happens when you are Caught?