JLA Law Group

Know Your Immigration Rights — What Every Person in Georgia Should Know

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Every person in the United States — regardless of immigration status — has constitutional rights that cannot be taken away during an immigration enforcement encounter. These rights are guaranteed by the Fourth Amendment (protection against unreasonable searches and seizures), the Fifth Amendment (right to remain silent, due process), and the Sixth Amendment (right to counsel in criminal proceedings). Understanding these rights and how to assert them effectively can make a critical difference in the outcome of an immigration encounter.

When ICE agents or other law enforcement approach you, you have the right to remain silent — you do not have to answer questions about your immigration status, where you were born, how you entered the US, or your travel history. You have the right to refuse consent to a search of your home, vehicle, or belongings unless officers have a signed judicial warrant. Agents with only an administrative warrant (Form I-200 or I-205, signed by an ICE officer) do not have the authority to enter your home without your consent — you can ask to see the warrant through a closed door and only open the door if it is signed by a federal judge. You have the right to speak with an attorney before answering questions.

JLA Law Group provides know-your-rights information to the Georgia immigrant community and represents individuals who have been detained by ICE or other law enforcement. We appear for bond hearings, file motions to suppress evidence obtained in violation of the Fourth Amendment, and represent clients in removal proceedings from beginning to end. Knowing your rights before an encounter occurs is the best preparation — contact us to learn more and to ensure you have our number saved.

Steps You Should Take

1

Save Emergency Contact Information Now

Save JLA Law Group's number — (770) 609-9396 — in your phone and give it to family members. Write down your attorney's name and number on a card you keep with you. If you are detained, you have the right to make a phone call. Having the number memorized or written down means you can act immediately.

2

Prepare an Emergency Plan for Your Family

Designate a trusted person with limited power of attorney to manage your affairs and care for your children if you are detained. Prepare a family preparedness plan that includes copies of your immigration documents, children's birth certificates, and contact information for your attorney. JLA Law Group can refer you to resources for family emergency planning.

3

Know What to Do During an Enforcement Encounter

Stay calm. Do not run or resist — this can lead to criminal charges. Say clearly: 'I am exercising my right to remain silent. I want to speak with my attorney.' Do not sign any documents without speaking to an attorney first — signing an order of voluntary departure or a stipulated removal order waives important rights. Do not consent to searches.

4

Contact an Attorney Immediately After Detention

If you or a family member is detained by ICE, call JLA Law Group immediately at (770) 609-9396. We can appear at bond hearings, file motions to contest the basis for detention, identify all available relief, and represent you throughout removal proceedings. Time is critical — bond hearings have time limits and evidence preservation matters.

Frequently Asked Questions

Do I have to answer ICE's questions about my immigration status?
No. Under the Fifth Amendment, you have the right to remain silent. You are not required to answer questions about your birthplace, immigration status, how you entered the US, or your travel history. You may say: 'I am exercising my right to remain silent and I want to speak to an attorney.' Do not lie to federal agents — lying to a federal agent is a crime under 18 U.S.C. § 1001, but remaining silent is your right.
Can ICE enter my home without a warrant?
No, not without consent. ICE administrative warrants (Form I-200 arrest warrant or I-205 deportation warrant) are signed by ICE officers, not judges, and do not authorize entry into a home without your consent. Only a judicial warrant signed by a federal judge authorizes entry. You can ask through a closed door: 'Do you have a judicial warrant signed by a judge?' If the answer is no or they show an ICE administrative warrant only, you are not required to open the door.
Do I have the right to an attorney if ICE detains me?
You have the right to be represented by an attorney in immigration proceedings, but unlike criminal cases, the government does not provide a free attorney for immigration cases. You have the right to hire your own attorney and to contact one before your immigration court hearings. If detained, you have the right to make a phone call to contact an attorney or family member. Ask immediately for the attorney's name and number you want to contact.
What is a bond hearing and how do I get one?
When ICE detains someone, they may be eligible for a bond hearing before an Immigration Judge under INA § 236(a). At the bond hearing, the IJ determines whether to release the person on bond (and at what amount) or continue detention. The government may argue the person is a flight risk or danger to the community. We present evidence of community ties, family relationships, employment, and other factors favoring release. Not everyone is eligible — persons detained under mandatory detention statutes under INA § 236(c) have limited bond rights.
What is consular notification and why does it matter?
Under the Vienna Convention on Consular Relations (VCCR), Article 36, any foreign national who is arrested or detained must be informed without delay of their right to have their consulate notified. Consulates can provide lists of local attorneys, assist with documentation, and provide support. US courts have ruled that VCCR violations, while serious, do not automatically require suppression of evidence or dismissal of proceedings, but consular assistance can be practically important for detained individuals.

Applicable Laws

U.S. Const. amend. IVFourth Amendment protection against unreasonable searches and seizures — applies to all persons in the US regardless of immigration status, prohibiting warrantless home entry without consent and protecting against unlawful stops and detentions.
U.S. Const. amend. VFifth Amendment right to remain silent and due process protection — applies to all persons regardless of citizenship or immigration status, providing the right not to answer questions that may be used against you in immigration or criminal proceedings.
INA § 236(a) / 8 U.S.C. § 1226(a)Statutory authority for immigration detention and bond, granting the Attorney General (now DHS) discretion to detain or release on bond pending removal proceedings, and establishing the right to a bond hearing before an Immigration Judge.
Vienna Convention on Consular Relations, Art. 36 (1963)International treaty ratified by the United States requiring authorities to inform arrested or detained foreign nationals of their right to have their consulate notified, and requiring notification to the consulate upon request.

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Norcross, GA 30093

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