What Rights Do Detained Immigrants Have In The U.S.?

Summary:

Detained immigrants in the U.S. still have rights, despite common myths. These include medical care, access to legal counsel, bond hearings, and grievance processes. Even without a public defender, immigrants can hire a private attorney.

Imagine this: a father of two is taken from his home in Austin early one morning by ICE. His family calls us, frantic. He’s undocumented, but he’s lived here for over a decade, pays taxes, and has no criminal record. Still, he’s now in a detention center, unsure of what happens next. This is the moment we step in.

Many people believe that immigrants, especially those without papers, have “no rights” in the U.S. That simply isn’t true. And I want to walk you through this father’s case to show you what rights detained immigrants do have, and how we work with strength and urgency to protect them.

Noncitizens Still Have Rights Under U.S. Law

One of the most dangerous myths we hear is that if you’re undocumented, you have no legal protection. That’s false. Constitutional rights still protect you, even if you’re not a citizen.

For example:

• The Fifth Amendment guarantees due process, which means the government must follow legal procedures before depriving anyone of liberty.
• The Fourteenth Amendment ensures equal protection under the law.
• Multiple court decisions have affirmed that these protections apply to noncitizens.

So if you or someone you love is in detention, you are not powerless. These rights matter every day in detention centers and courtrooms across the country. But they’re only helpful if you know how to assert them. Let’s walk through the key rights that can protect you or your loved one while in immigration detention.

Key Rights Every Detained Immigrant Has

In our client’s case, knowing and asserting his rights made all the difference. Here are the core protections every detained immigrant can expect:

Access To Medical Care

Detention centers are required to provide necessary medical care. This includes treatment for chronic conditions, emergencies, and mental health care. If your loved one isn’t getting care, you can submit a written complaint to the facility or escalate to ICE’s Office of Professional Responsibility.

The Right To A Lawyer

Unlike criminal defendants, immigrants in detention don’t get a court-appointed attorney. But they do have the right to hire one and to communicate privately. Our client’s family contacted us within 24 hours of his detention. That quick action allowed us to prepare for his bond hearing and gather documentation in his defense.

Note: Detained immigrants must be allowed access to a phone, mail, and visits with their attorney.

The Right To A Bond Hearing

Not everyone qualifies for a bond, but many do. In this case, we requested a hearing within a few weeks. We compiled letters from his employer, proof of his clean record, and evidence of his family ties. The judge granted bond, and his family was able to post it so he could come home.

If the judge finds someone isn’t a flight risk or danger to the community, they may qualify for release on bond, often the fastest path back to your family.

The Right To File A Grievance

Every detention facility must have a grievance process. If a detainee experiences abuse, neglect, or serious rights violations, they can file complaints directly with ICE or through the facility’s internal channels.

For example, in our client’s facility, another man had been denied his religious diet. We advised the family on how to submit a formal grievance. Within days, the situation was corrected.

These aren’t just checkboxes; they’re lifelines. Knowing and using each of these rights meant the difference between staying locked in detention and returning home to his family in Austin.

But asserting these rights isn’t always easy. It takes knowledge, courage, and often the help of an immigration attorney who knows how the system works from the inside.

Still, even with these protections, too many people fall prey to false beliefs about what being undocumented really means. So let’s address one of the biggest misconceptions head-on.

Busting The Myth: “If You’re Undocumented, You Have No Rights”

Let’s address this clearly: Being undocumented is a civil violation, not a criminal one. You still have constitutional protections. You have the right to:

• Remain silent.
• Refuse to sign documents you don’t understand.
• A fair hearing before an immigration judge.
• Access to interpreters in court.

And most importantly, you have the right to be treated with dignity.

Understanding this truth can be a turning point. When immigrants know their rights, they’re better equipped to protect themselves and their families, especially in high-stress situations like detention or court. But even with this knowledge, fear and misinformation can creep in and lead to harmful decisions.

Let’s take a closer look at some of the most common false beliefs that put immigrants at risk, and how you can avoid them.

False Beliefs That Put Immigrants At Risk

Even after we explain the rights detained immigrants still have, fear and misinformation can lead people to give up too soon, or never speak up at all. These false beliefs are incredibly common, and they’re also incredibly dangerous. Let’s unpack a few we hear all the time and replace them with the truth.

❌ “If I Speak Up, I’ll Make It Worse.”

✅ Truth: Silence often does more harm than good. When you stay quiet about abuse, neglect, or legal violations, the problem festers. Speaking up, through a lawyer, a grievance, or a legal request, is often the only way to get the system to respond. The law protects people who assert their rights in good faith.

❌ “Hiring A Lawyer Won’t Matter.”

✅ Truth: A lawyer can be the difference between staying in detention and going home. Immigration law is complex and unforgiving, yet also full of narrow but powerful legal paths. A skilled legal team can spot those openings, prepare your evidence, and advocate for your release or long-term relief.

❌ “They’ll Deport Me No Matter What.”

✅ Truth: Many immigrants in detention qualify for legal protection, like cancellation of removal, asylum, or waivers based on family hardship or past trauma. But if no one raises these issues, the court may never hear them. A removal order isn’t automatic. You still have a chance to fight, especially with someone by your side who knows how.

These myths are powerful, but they’re not reality. And believing them can cost someone their freedom, their family, and their future. That’s why it’s so important to have the right team guiding you through each step.

Hope Beyond Detention

If your loved one has been detained, you may feel like everything is spinning out of control. The fear, the questions, the pressure to act quickly, it’s overwhelming. But we want you to know this: you’re not alone, and it’s not too late.

At Lincoln-Goldfinch Law, we’ve stood beside countless families facing this very moment. We know the system inside and out, from bond hearings to removal defense, and we act fast. We gather documentation, contact the detention facility, and prepare your legal roadmap with clarity and compassion. We treat every case like it’s urgent, because it is.

Even from inside a detention center, you or your loved one can fight for release. You can apply for legal protection. You can begin to build a future with dignity and stability. Whether you’re in Austin or anywhere else in the U.S., our team is here to help you take that next step.

If you’re unsure about your next step, we can clarify it together. Schedule a confidential evaluation with our team today. It’s confidential and only takes a few minutes, and it could change the course of your immigration journey.