Know Your Rights: Parents Detained by ICE

Parents have a right to make decisions about the care and safety of their children, even while in U.S. Immigration and Customs Enforcement (ICE) custody. The National Immigration Law Center and Center for Law and Social Policy jointly developed these resources for immigrant parents which details the rights that parents have while being apprehended and detained. Under its own policies, ICE has a responsibility to ensure that detained parents have a say in the care of their children and keeping them safe. 

Here are five things for parents to know:

• You have the right to make decisions about the care and custody of your child at the time of arrest.

• You have the right to be kept near your child and stay in touch with them while detained.

• You can ask for help in most detention centers to help you make plans for your children.

• You can be part of your child’s welfare court case while you are in ICE detention.

• You can decide whether your child will remain in the U.S. and make alternative care arrangements.

Help share this resource far and wide to make sure immigrant parents know their rights!

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Please note that this information is general guidance and not legal advice. For legal advice, request a consultation from ICS or speak to an immigration attorney today.