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Index/Topics/ICE Detention Rights 2025

ICE Detention Rights 2025

The constitutional rights of individuals detained by Immigration and Customs Enforcement, including the right to remain silent and due process, as well as the limits of ICE's statutory authority.

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Jan 25, 2026
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What constitutional protections apply when ICE questions or detains someone?

When questioned or detained by ), people — citizens and noncitizens alike — retain core constitutional protections including the ’s guard against unreasonable searches and seizures, the Fifth Amendmen...