Filtered by: Detention

In general, unauthorized immigrants within the United States are not eligible for any federal public benefits, except in some emergencies.

YES, you have the right to obtain a lawyer at no cost to the government, either with your own resources or through civil society organizations that provide free or very low-cost advice and case management.

Your Consulate can advise you on the procedures and legal services available for your case. It is very important that you know the organizations that provide services to migrants in your community.

You can consult the following link to locate legal help near your residence https://www.mujereshaciadelante.org/encuentre-ayuda-legal/

 

 

If, during the detention process, a Mexican citizen has access to a notary, he/she can grant temporary guardianship through him to the person he/she designates, if he does not have access, a family member can apply for guardianship, proving the kinship relationship.

It is important to note that when the child is in the custody of the State, a judge can determine whether the power of attorney over the child's guardianship is valid or not.

Documento de 27 de febrero de 2017/Oficialía Mayor/Dirección General de Delegaciones

During detention it is very important: 

  1. To keep calm, do not try to run away or resist.
  2. To provide a true name and address.
  3. Authorities should ask if a person wants to talk to his or her consulate. If they do not, request it, it is a right.
  4. Do not sign documents that you do not comprehend.

 

Documento de 27 de febrero de 2017 / Oficialía Mayor / Dirección General de Delegaciones

Consulates can provide guidance and legal advice to nationals detained by immigration authorities and their families to explain the process they will follow and ensure that the integrity and rights of detainees are respected at all times. 

Mexico's representations abroad can provide general guidance on legal and administrative processes. However, they cannot represent nationals in a lawsuit before the authorities, nor can they cover the cost of the legal process beyond what is established by law.

The advice provided by the consulate is of an informative nature, and in no case does it replace the legal advice of a migration expert. In order to obtain the support of the consulate, it is required to present:

  1. Identification of the person requesting attention.
  2. Identification and proof of nationality of the detained person (birth certificate, passport, consular registration).

Important: Entering the United States undocumented is a violation of U.S. law that can have administrative and criminal penalties.

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