Rights and Protections for Immigrants Detained by ICE: What Every Detainee Must Know

• Rights of Immigrants Detained by ICE
• The Agency Must Provide an Interpreter
• Legal and Medical Assistance

Being held in the custody of U.S. Immigration and Customs Enforcement (ICE) can be an overwhelming experience. However, the U.S. government itself establishes that immigrants in detention retain basic rights to information, defense, and communication, according to the National Detainee Handbook.

This official document—available in English, Spanish, and other languages—details the rules and guarantees that apply inside ICE detention centers. From the moment a person is detained, they must receive a copy of the handbook, be informed of their rights, and be provided free interpreters if they do not speak English.

“If you do not speak or understand English, an interpreter will be provided to you at no cost for medical matters and those related to ICE or detention,” the regulation states.

The handbook aims to ensure that each immigrant understands their legal options, the services available inside the facility, and the channels for filing complaints or reporting abuse. It also outlines the rules of conduct detainees must follow for the duration of their immigration process, according to Immigrant Justice.

The ICE Handbook: Basic Rights and Responsibilities

The National Detainee Handbook explains that immigrants may remain in custody until their immigration status is determined, they receive bond, or they are deported. During this time, ICE is required to guarantee their safety, medical access, communication with family, and access to legal assistance.

Additionally, the handbook states that detainees must receive adequate medical care, access to phone calls, visits, and correspondence. They also have the right to practice their religion, access legal libraries, and file confidential complaints.

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“If you need help understanding this handbook, tell a staff member or an ICE officer,” the document specifies.

According to the regulations, immigrants must be treated with respect and dignity and may request support if they feel their rights have been violated. The creation of this handbook is considered a key step to ensuring due process within the U.S. immigration system.

What to Do if ICE or Police Detain You

If an immigrant is detained by ICE inside the United States, the main recommendation is to remain calm and avoid resisting. The handbook advises against lying, presenting false documents, or making sudden movements when approached by officers.

It also recommends memorizing the phone numbers of family members and attorneys and having an emergency plan in case of arrest. Immigrants should keep documents proving their residence in the country, such as receipts, bank statements, or medical records.

“Tell officers if you have a medical condition or need to arrange care for your children,” the document states. If the arrest is made by police, the person has the right to a government-appointed attorney.

In the case of an ICE detention, the detainee may consult with an attorney, but must find one independently or request a list of free or low-cost legal services, according to ACLU reporting.

How to Exercise Your Rights and File Complaints

According to Inmigrant Justice, every person has the right to remain silent, to avoid signing documents without legal advice, and to ask for an interpreter if they do not understand the materials they are given.

They may also contact their consulate for free or request that the embassy be notified of their detention. “I am exercising my right to remain silent. I wish to speak with an attorney as soon as possible,” the handbook suggests as a protective phrase.

If a detainee believes their rights were violated, they may document the incident, write down badge numbers of officers or witnesses, and file a written complaint with Internal Affairs or the Civil Liberties Complaint Board. They may even file anonymously if they fear retaliation.

For those seeking support or guidance, organizations such as the ACLU, the National Immigration Law Center (NILC), and the Immigrant Legal Resource Center (ILRC) are available, as well as free emergency hotlines like the Illinois Coalition for Immigrant and Refugee Rights.

These tools—along with the handbook distributed by ICE—form an essential guide for detained immigrants. Knowing them can mean the difference between being defenseless and having a real chance to exercise one’s rights within the system.