Atlanta Immigration Detention Lawyer

Being taken into custody by Immigration and Customs Enforcement (ICE) on suspicion of violating United States immigration law is a uniquely traumatic experience with uniquely high stakes. If you are not familiar with your rights and prepared to proactively enforce them, you may wind up being removed from the country regardless of how long you have lived here or whether you have family members here.

Whether you have been detained yourself, suspect you may be detained soon, or have a loved one in ICE custody, seeking assistance from an experienced immigration attorney should be a top priority. With an Atlanta immigration detention lawyer on your side, you stand a much better chance of achieving a favorable resolution to your case than on your own.

What Rights Do People Detained by ICE Have?

It is worth emphasizing that being detained by ICE for a suspected immigration offense is not the same as being detained by state or federal law enforcement for a suspected criminal offense. The most notable difference is that an individual accused of violating immigration law is not provided legal counsel by the government if they do not retain private representation. However, that does not mean a person subject to immigration detention in Atlanta does not have any rights at all, as a seasoned attorney could affirm.

Most importantly, an individual detained by ICE has a right to contact both close family members and their lawyer while in detention. They should be allowed visits with their legal representation as well as be allowed to have legal counsel with them whenever they appear in court for a hearing related to their case. Furthermore, a person detained during an ongoing immigration case is eligible for temporary release from custody on bond, provided they comply with certain additional requirements and appear for all scheduled court dates.

There are also numerous rules for how individuals in immigration detention must be humanely treated and what living conditions they should have. Support from a dedicated legal professional can be especially important to resolving issues along these lines during an immigration case.

Options for Contesting Removal Proceedings

As with criminal trials, the most straightforward way of fighting back against an alleged violation of immigration law is by proving that the alleged violation did not actually occur, or that a detained person’s actions did not meet the criteria necessary for them to be subject to removal. That said, there are also many other options for seeking relief from removal that are worth discussing with a dedicated immigration detention lawyer in Atlanta.

For example, an individual who can show they will likely face severe persecution if compelled to return to their country of origin may be able to avoid removal from the United States by applying for asylum or for withholding of removal. In other situations, requesting cancellation of removal, deferred action, or discretion by the agency seeking removal may be valid options. Finally, a person may consider agreeing to voluntary departure rather than going through a deportation case, since a poor result from the latter can make it much more difficult to return to the United States later.

Seek Help from an Atlanta Immigration Detention Attorney

ICE detention does not work like detention in a state jail or prison, and that means your approach to defending your and your family’s rights in this kind of situation should be different too. Fortunately, the help you may need is available from capable and compassionate legal professionals with the knowledge and experience necessary to fight effectively on your behalf.

A conversation with an Atlanta immigration detention lawyer could offer you clarity about your options and confidence regarding your next steps. Call today to schedule a meeting.