KNOW YOUR RIGHTS

No matter what your immigration status is—

YOU have RIGHTS!

The Lopez-Venegas settlement agreement creates key protections for all immigrants offered a “voluntary return” in Southern California. After reading this information, if you think your rights have been violated, please contact us! We want to hear from you.

What happens if you are picked up by Border Patrol or ICE in Southern California?

Station: You’ll likely be taken to a station for processing. An immigration agent will likely take you to a counter and you’ll be asked for your name and address, and your fingerprints will be taken. Once this information is taken, you’ll either be told to wait on a bench next to the counter or you may be placed in a holding cell.

Holding cell: This is a room that holds a number of people at the same time. Some cells might be quite large, others will be smaller. Most holding cells should have a toilet, and there is usually an area for you to sit and wait. Most holding cells have at least one small window facing the counter area where the immigration agents sit. The doors to these holding cells lock, so you will not be able to open them.

What is “Voluntary Return”?

After the immigration agents run your name through a U.S. government database, they will tell you if you are eligible to be offered a “voluntary return.” The form for a voluntary return is called an “I-826.” You can find a copy of it here.

A “voluntary return” is a form of deportation in which an immigration agent – not a judge – processes your deportation. For some people, this may not be a bad option, but you may be eligible for some kind of other immigration relief and you should talk with an attorney or an immigration specialist before making this decision.

Right #1

You have the right to make a telephone call.

You can call a lawyer, an immigration specialist (a “BIA-accredited representative”), a family member, and/or the Mexican consulate.

If you’re waiting on a bench outside the holding cells, you can ask an immigration agent to use the phone.

If you are in a holding cell, look around for a blue phone. You can use this to make a “collect” call, which means the person you are trying to call will have to agree to pay for the call.

If there isn’t a phone in the holding cell, you’ll need to knock on the door or glass window of the holding cell to get the attention of an immigration agent. There might be a camera in the cell. Although immigration agents can watch you, they can’t hear you, so get in front of the camera and wave your arms to signal that you want to make a phone call.

You will have at least two hours to try to get in touch with someone. If you’re not able to speak to someone, let the immigration agent know you’d like to continue trying to talk to someone before you make a decision. If you don’t let the agent know you are not ready to make the decision, they may think you are ready to sign a voluntary return.

Right #2

You have the right to a list of free legal service providers with their telephone numbers.

This list is usually posted outside the holding cell window and also at the counters where agents sit, near the phones.

Right #3

You have the right to call the Mexican consulate.

The telephone number for the nearest consulate should be posted on the wall in the holding cell or near the phones at the counters where immigration agents sit.

Right #4

You have the right to call a toll-free (no charge) hotline number to listen to a recording giving you information about "voluntary returns."

This phone number will be posted with the word “Advisals” (fancy way of saying announcements) at the top. Near the bottom of the page, you’ll see “Hotline Number.” If you call this number, you’ll hear a recording (in Spanish and English) with about 9 minutes of information about “voluntary returns.” You will not be talking to a live person.

If it is hard to hear because so many people are talking nearby, ask the agents to “please turn up the volume.” If you still cannot hear, let the immigration agents know. Ask to use a phone in a quiet place.

Be sure to tell your lawyer, BIA- accredited representative, family member, or consulate official if the immigration agents do not let you use the phone in a place where you can hear.

Right #5

"Advisals"

“Advisal” is a government word that just means “official announcement.” Advisals should be printed in Spanish and English and tell you your rights and what will happen to you if you sign a “voluntary return” form. These Advisals should be posted somewhere in the area where you are being processed or held. Look for a poster near the ceiling of the holding cell, or taped outside the holding cell window, or at the counter where the immigration agents took your name and address, or near the benches.

Advisals should tell you:

You can lose the chance to apply for certain kinds of immigration relief if you sign a voluntary return form.
If you’ve been in the United States without legal status for 180 days but less than a year, you won’t be able to return to the United States for three years (unless you can get a “waiver,” a special exception of normal rules, which is very hard to get).
If you’ve been in the United States without status for more than a year, you won’t be able to return for ten years, unless you get a waiver.
If you ask to be seen by an Immigration Judge, you may be detained with or without bond.
You can change your mind! If you sign a voluntary return form and then change your mind and decide you’d rather see an Immigration Judge, you can do so as long as you are still physically in the United States. This is true even if you are already in a van heading to Mexico, or waiting in line to be taken into Mexico. If you do change your mind, you should be returned to the station and given a “Notice to Appear,” which will give you information about a hearing before an Immigration Judge.

Right #6

You have the right to have copies of all documents you sign.

Remember: Do NOT sign documents you don’t understand!

Keep your documents in a safe place. Do not throw them away. If you need immigration help later, it will always be easier if you have your documents.

Right #7

Immigration agents are not allowed to pressure, threaten, or intimidate you to try to make you accept a voluntary return or sign the I-826 form.

An U.S. immigration agent, for example, cannot tell you that if you don’t sign the form, you’ll be detained for months, your family will be deported, or that your children will be taken away. If an immigration agent says anything like this (there are lots of other examples), they are breaking the rules and you should tell your lawyer or BIA-accredited representative.

Border Patrol and ICE agents cannot give you legal advice. They cannot tell you whether you will see an Immigration Judge, how long you’ll be detained if you choose to see a judge, or how likely it is that you’ll be able to lawfully return to the United States.

REMEMBER:

Do NOT ever lie to an immigration agent. It is better to stay silent than to liE.

Don’t forget:

you can change your mind any time after you’ve signed a voluntary return form, until the moment you cross the border into Mexico!

Introduction