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

Virginia Deportation Defense — Know Your Rights

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

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 Virginia

Immigration cases from Virginia are heard at the Arlington Immigration Court (one of the busiest courts in the nation, handling cases from Virginia, Maryland, and surrounding areas).

Detention facilities

Immigration Centers of America — Farmville (Farmville, VA); Caroline Detention Facility (Bowling Green, VA)

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

Virginia does not have a statewide sanctuary law, but has enacted several immigrant-friendly policies in recent years. Some localities including Arlington and Fairfax County have adopted policies limiting voluntary cooperation with ICE detainers absent a judicial warrant. Virginia has not enacted anti-sanctuary legislation, and the state has moved toward more inclusive immigration policies since 2020.

⚠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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