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What are My Rights During Deportation Proceedings? (and How Can an Attorney Help Me Assert Them?)


Deportation is a stressful, intimidating process. At the same time, any person facing deportation has important legal rights. As explained by the American Civil Liberties Union (ACLU), a proactive approach is key to protecting yourself. Here, our Oregon deportation defense lawyer discusses your rights during the deportation process and explains how an attorney can help you assert them. 

Right to Remain Silent

Regardless of your immigration status, you have the right to remain silent when detained. This fundamental constitutional right shields you from self-incrimination. While cooperating may seem beneficial, remember that anything you say can be used against you. Opting to remain silent preserves your legal defenses and protects your case.

Right to Be Free from Unreasonable Search

Under the Fourth Amendment, everyone, regardless of immigration status, enjoys protection against unreasonable searches and seizures. Immigration officers must obtain a warrant or establish probable cause before searching your person, belongings, home, or vehicle. Upholding this right ensures your privacy and dignity are respected.

Right to Consult With an Attorney

While the government isn’t obligated to provide legal counsel in deportation proceedings, you have the right to seek representation. An experienced deportation defense lawyer offers invaluable guidance, helping you navigate complex immigration laws, understand your rights, and advocate for your case effectively.

Right to a Hearing to Challenge Deportation

Receiving a deportation notice initiates an allegation, not a final decision. You’re entitled to challenge deportation in immigration court. A hearing before an immigration judge provides an opportunity to present your case and contest removal. With skilled legal counsel, you can explore all available defenses and strategies to safeguard your right to remain in the country.

Reach Out to Our Oregon Deportation Defense Lawyer

At Vanderwall Immigration, our dedicated team is committed to defending individuals and families facing deportation. If you have questions about your rights or need expert legal guidance, don’t hesitate to contact us. Schedule a confidential case review with our Oregon deportation defense attorney today. From our Beaverton and Salem offices, we provide comprehensive deportation defense services across the region. Si hablamos Español.