Your Rights As a Detainee

Your Rights As a Detainee

As a detainee in immigration detention, you have certain rights that can be exercised regardless of your immigration status. It is important to know what those rights are so that you can protect yourself from potential violations. Below are examples of your rights as a detainee:

  • You have the right to be represented by an attorney. Unlike in criminal matters, the court does not appoint an attorney that is paid for by the government. However, you have the right to look for your own attorney to represent you in immigration court.
  • You have the right to nutritious meals
  • You have the right to clean clothes
  • You have the right to maintain your personal hygiene
  • You have the right to proper air circulation and heating in your living area
  • You have the right to medical/mental health treatment
  • You have a right to a copy of your medical records
  • You have the right to proper accommodations for a disability
  • You have the right practice your religion
  • You have the right to file a complaint about the living conditions
  • You have a right to be free from discrimination
  • You have a right to be protected from mistreatment
  • You have a right to report assault
  • You have a right to access the law library and legal assistance
  • You have a right to be heard before an immigration judge, depending on your particular case
  • You have the right to request relief from removal, if eligible
  • You have the right to request voluntary departure, if eligible
  • You have the right to make phone calls
  • You have the right to have visitors
  • You have the right to send/receive mail

If at any time any of these rights are violated, contact an attorney right away. Your attorney will help advocate for your rights to ensure that your basic needs are being met while in detention. Do not wait to report. By filing a complaint as soon as the violation occurs, you prevent further violations of not only your rights, but the rights of others as well.

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