Detained vs. Arrested: What Immigrants Need to Know About Their Rights and Next Steps

Navigating the U.S. immigration and criminal systems can be confusing, especially if you or a loved one is facing detention or arrest. At Aftalion Law Group, we understand how stressful these situations can be, particularly for immigrants in Los Angeles, New York, or anywhere across the nation. 

Knowing the difference between being detained and being arrested, and understanding what comes next, can significantly affect how you respond and protect your rights.

Here’s what this blog covers:

• The distinction between detention and arrest in the United States.

• How these situations affect immigrants specifically in Los Angeles and New York.

• Immediate steps to take if you or a family member is detained or arrested.

• How our team at Aftalion Law Group can guide you through these complex processes.

Detained vs. Arrested: Understanding the Difference

Although the terms “detained” and “arrested” are sometimes used interchangeably in everyday conversation, they have different legal meanings. Understanding this distinction is crucial for immigrants who may face both criminal and immigration consequences.

What Does “Detained” Mean?

Detention generally refers to a temporary holding by law enforcement or immigration authorities for questioning or investigation. For immigrants, this can include:

• Immigration Detention: Held by U.S. Immigration and Customs Enforcement (ICE) for potential removal proceedings.

• Short-Term Police Detention: Temporary holding by local police while investigating a suspected crime.

During detention, you may not have been formally charged with a crime, but you are not free to leave. In California and New York, state laws require that any detention be based on reasonable suspicion of a violation. Immigration authorities, meanwhile, can detain someone suspected of being in the U.S. without authorization.

What Does “Arrested” Mean?

An arrest occurs when law enforcement formally takes a person into custody with the intent to charge them with a crime. This involves:

• Formal charges are being filed.

• Law enforcement has probable cause that a crime was committed.

• Being booked, fingerprinted, and held until bail is posted or court proceedings begin.

For immigrants, an arrest can have significant implications for both criminal and immigration status. Even minor charges can trigger removal proceedings, especially in Los Angeles or New York, where local and federal authorities may coordinate enforcement efforts.

How Detention and Arrest Affect Immigrants

Immigrants face unique challenges in detention and arrest situations. Unlike U.S. citizens, undocumented immigrants may be at risk of removal or deportation even for minor offenses. Some important considerations:

• Detention by ICE can occur without a criminal arrest.

• Arrests for criminal charges may lead to immigration consequences, including removal hearings.

• Legal rights such as the right to an attorney apply differently in immigration cases.

Understanding these risks is critical. In both Los Angeles and New York, local policies provide certain protections, but federal immigration laws may override them. For example, immigrants detained in LA County may be subject to the ICE 287(g) program, which allows local law enforcement to share information with ICE. In New York, “sanctuary” policies provide limited protections, but enforcement can still occur under federal jurisdiction.

Immediate Steps If You or a Loved One Is Detained or Arrested

Being detained or arrested can be stressful, especially for immigrants facing complex legal processes. Taking the proper steps immediately can help protect your rights and immigration status.

1. Stay Calm and Don’t Volunteer Information

It’s essential to remain calm and collected during any interaction with authorities. Only provide basic identification and avoid answering questions about your immigration status or personal history without guidance.

2. Request Legal Representation

Contact Aftalion Law Group as soon as possible for guidance. Our experienced team in Los Angeles and New York can help you understand your rights and navigate both immigration and criminal matters.

3. Know Your Rights

Even while detained, immigrants have the right to a hearing and to challenge their detention. You can also communicate with family members or legal representatives to ensure your case is appropriately addressed.

4. Document Everything

Keep a record of names, badge numbers, times, and circumstances surrounding the detention or arrest. Sharing this information with Aftalion Law Group helps build a strong strategy to protect your rights.

What You Should Remember

• Detention is different from arrest: Detention is temporary holding, while arrest involves formal charges.

• Immigration Consequences: Both detention and arrest can affect an immigrant’s ability to stay in the U.S.

• State and Local Laws Matter: Policies in Los Angeles and New York provide some protections, but federal enforcement can still occur.

• Legal Guidance Is Critical: Immediate access to knowledgeable attorneys can help protect your rights.

How Aftalion Law Group Can Help

At Aftalion Law Group, we specialize in helping individuals and families navigate the complex intersections of immigration and criminal law. Here’s how we support our clients:

• Personalized Legal Strategies: Every case is unique. We develop strategies tailored to your specific situation.

• Local Expertise: With offices in Los Angeles and New York, our team is up to date on local court procedures and enforcement policies.

• Comprehensive Support: From immediate detention response to long-term immigration planning, we guide clients every step of the way.

• Aggressive Advocacy: Our attorneys fight to protect your rights, whether in criminal court or before immigration authorities.

We understand that detention or arrest can feel overwhelming, but you don’t have to face it alone. Our goal is to protect your rights, help you understand your options, and guide you toward the best possible outcome.