What are my rights if I'm detained by ICE?

You have the right to remain silent, the right to speak to an attorney, the right to a hearing before an immigration judge, and the right to contact your consulate. Do not sign any documents (especially a voluntary departure order) without understanding them.

Can I get bond if I'm in immigration detention?

Many detained individuals are eligible for bond. An immigration judge weighs flight risk and danger to the community. Minimum bond is $1,500 [§ 8 U.S.C. 1226(a)(2)(A)]. Some individuals are subject to mandatory detention and are not eligible for bond [§ 8 U.S.C. 1226].

What is cancellation of removal?

A form of relief for long-term residents. LPRs need 7+ years of continuous residence and 5 years as an LPR. Non-LPRs need 10+ years of continuous physical presence and must show exceptional hardship to a qualifying relative [§ 8 U.S.C. 1229b].

Topic guideUpdated 2026-02-27

New Mexico Deportation Defense — Know Your Rights

Removal proceedings, cancellation of removal, asylum, and your rights if detained by ICE in New Mexico.

If you or a family member is in Removal proceedings, understanding your rights is critical. The immigration court system operates under the Executive Office for Immigration Review (EOIR), separate from USCIS §8 U.S.C. 1229a.

Immigration court for New Mexico

Immigration cases from New Mexico are heard at the El Paso Immigration Court (serves most of New Mexico); Las Cruces may have satellite hearings.

Detention facilities

Otero County Processing Center (Chaparral, NM — operated by MTC); Cibola County Correctional Center has also held ICE detainees

Common defenses against removal

Cancellation of removal

Available to LPRs with 7+ years of continuous residence and 5+ years as an LPR, or to non-LPRs with 10+ years of continuous physical presence and exceptional hardship to a qualifying U.S. citizen or LPR relative §8 U.S.C. 1229b.

Asylum

Available to individuals who fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Must generally be filed within one year of arrival §8 U.S.C. 1158.

Withholding of removal

A higher standard than asylum but provides protection if you can show it is "more likely than not" that you would face persecution §8 U.S.C. 1231.

Convention Against Torture (CAT)

Protection for individuals who would face torture by or with the acquiescence of a government official upon return to their home country.

State cooperation with ICE

New Mexico does not have an anti-sanctuary law. The state has taken a relatively welcoming approach to immigrants. Some localities, including Albuquerque and Santa Fe, have limited cooperation with ICE. The New Mexico Civil Rights Act provides protections regardless of immigration status.

⚠If you are detained by ICE, you have the right to remain silent. Do not sign any documents without understanding them. Ask to speak with an attorney. You have the right to a hearing before an immigration judge.

Prepare for Your Consultation

Quick checklist (Immigration)

Gather these before your first consultation.

Valid identification

(passport, birth certificate, national ID)

Immigration documents

(visa, I-94, approval notices, prior petitions)

Supporting evidence

(employment records, family ties, financial docs)

General preparation tips only. Specific needs depend on your case type and immigration status.

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