Day 97.

Do undocumented immigrants have the right to an attorney if they are detained by ICE?

The answer is essentially no. Undocumented immigrants have many of the constitutional rights that citizens of the United States enjoy. (I made reference to a few of these yesterday – the Fourth and Fifth Amendments, which prohibit search and seizure without a warrant, and protect people against incriminating themselves, apply fully to immigrants.) However, they do not have a right to counsel. This means that, while they have the right to be represented by an attorney, they do not have a right to be provided with counsel at no cost.

What do you do then, if you’re detained by ICE? The process is seriously complex. It’s not something people can easily manage.

The ACLU has won class action settlement with ICE in which it promises to allow detainees  in four Northern California facilities reliable access to phones. And even if you do have regular communication, there is the issue of cost.

I wish I had better news on this front.

The Department of Justice has a program specifically geared toward helping people in immigration detention get pro bono representation. Given the new Attorney General’s track record, I am not confident this will be as helpful as it once was. There is also a guide to finding a reputable immigration attorney run by the American Immigration Lawyers Association.

These are the best resources I have found. I would welcome links to others.