Immigration detention - What should I do?

Immigration detention looks and feels like criminal incarceration in nearly every imaginable way. Unfortunately, it is quite possible that you could end up in the same circumstances as convicted felons if you do not have legal status to remain in the US. This is tragic on many levels, which must be addressed by comprehensive immigration reform. My job as an immigration attorney is to help clients navigate the American immigration system and is important to understand what it is, what it isn’t, and what can be done.

You are likely going to feel a mix of fear, anger, and confusion due to the nature of our immigration system. Your introduction to immigration detention likely began with a law enforcement encounter. This could have been initiated during an inspection at the border, in relation to a denied application, or at any point during a police investigation/arrest. In any event, you are likely going to feel an overwhelming combination of emotions that can cloud your judgement, lead to poor decisions, and negatively impact your future. Your best option will always be to work with a trusted attorney, whether hired privately, or obtained by a pro bono practitioner.

If you or a loved one risks facing detention, you should absolutely have an action plan in place—just in case. This should include either an attorney or multiple attorneys that you have contacted regarding your immigration status. Many attorneys offer free or low-cost consultations and will review immigration opportunities based on your circumstances. I work with clients in various stages of their immigration journey, and although it is much easier to begin sooner rather than later, there are still options if our first conversation occurs after you have been detained.

Once you speak with an attorney, and decide to retain them, you should expect the following steps—at a minimum. The attorney should request all documents related to your case/status. This could include proof or entry in the US, previously submitted applications, identification, and travel documents if they exist. These documents will be reviewed, and after discussing your case, there should be a few available options that the attorney will discuss with you. After these initial discussions, the attorney will likely ask a few probing questions that will help determine if you qualify for relief from removal. This is where good immigration attorneys separate themselves from great immigration attorneys—by carefully listening to their client and asking inquisitive follow up questions. Inevitably, the client thinks they only have a limited number of options, but these ongoing discussions are vital in determining the full array of relief paths available.

Ultimately, you should hire an attorney that makes you feel comfortable in not only their knowledge, but their ability to communicate with you and your loved ones. Familiarity with immigration laws can only take an attorney so far; clients are served better by working with someone who can fully investigate sensitive facts, cultural competency to understand those facts, and a compelling ability to communicate why those facts are deserving the desired outcome/relief sought.