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Ice on Immigration: On the rights of non-US citizens

By L. Patricia Ice, Featured Columnist

Question:  I am not a United States citizen.  If I am detained or questioned by a Department of Homeland Security official do I have a right to speak to a lawyer before answering?

Answer:  Yes.  You have the right to call a lawyer or your family if you are detained.  You also have a right to be visited by a lawyer if you are in detention.  You have the right to an attorney with you at any hearing before an immigration judge.  You do not have the right to a government-appointed attorney for immigration proceedings.  If you are arrested by immigration officials, however, the officials must show you a list of free or low cost legal service providers.

 

L. Patricia Ice

Featured IMDiversity Immigration Columnist L. Patricia Ice is an attorney and counselor who has taught immigration law at Mississippi College School of Law in Jackson, and also contributes regular immigration advice stories to La Noticia and The Jackson Advocate.  A practicing attorney, Ms. Ice has recently taken on a two-year role as an Equal Justice Works Katrina Legal Fellow, focusing on immigrant employment issues as fair labor standards, and wage and hour problems, in areas around the Gulf Coast.  She is also dedicated to immigrants rights advocacy, and serves on the Board of the non-profit rights education group, MIRA: The Mississippi Immigrants Rights Alliance at www.yourmira.org.

Articles in this column are Copyright 2006 L. Patricia Ice.  All rights reserved.  Please do not reproduce further without seeking the permission of the author.

IMDiversity.com is committed to presenting diverse points of view. However, the viewpoint expressed in this article is the opinion of the author and is not necessarily the viewpoint of the owners or employees at IMD.

 

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