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Index/Topics/Undocumented Immigrants' Rights in ICE Detention

Undocumented Immigrants' Rights in ICE Detention

The rights of undocumented immigrants in ICE detention, including due process and access to counsel, and the challenges they face in exercising these rights.

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Jan 12, 2026
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What are the due process rights of undocumented immigrants in ICE detention?

Undocumented immigrants in ICE detention retain core constitutional protections—most notably the Fifth Amendment guarantee of due process and access to challenge detention—but those rights are routine...