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

South Carolina Deportation Defense — Know Your Rights

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

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 South Carolina

Immigration cases from South Carolina are heard at the Charlotte Immigration Court (serves South Carolina).

Detention facilities

Detainees are typically transferred to Stewart Detention Center (Lumpkin, GA) or other facilities in Georgia

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

South Carolina law requires state agencies and political subdivisions to verify the lawful presence of aliens eighteen or older who apply for state, local, or federal public benefits, subject to statutory exceptions. Local governments may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce these verification requirements. §8-29-10

⚠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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