Detained By ICE? Why You Should Not Sign Anything Without a Lawyer

There is no question that immigration enforcement has been ramped up under the second Trump Administration. The American Immigration Council reports that the number of people detained by Immigration and Customs Enforcement (ICE) spiked by 75 percent in 2025.

If you are detained by ICE, you may be presented with documents to sign. You can and should speak to a lawyer first. Here, our Virginia immigration attorney explains why you should consult with a lawyer before signing anything.

Know What ICE (Likely) Wants You to Sign: Stipulated Removal/Voluntary Departure 

When ICE detains a noncitizen, the officers may present documents that appear administrative. However, the reality is that these documents carry very serious legal consequences. Here is an overview of the two most common things they ask people to sign:

• Stipulated Removal: One common example is a stipulated order of removal under INA § 240(d), in which the person waives the right to a hearing before an Immigration Judge and accepts removal.
• Voluntary Departure: Another is a request for voluntary departure in lieu of formal proceedings. It still requires a knowing and voluntary waiver of rights.

Signing such documents can permanently foreclose relief such as asylum, cancellation of removal, or adjustment of status. In other words, you will give up your chance to raise a deportation defense. Even worse, a stipulated removal leads to a formal removal order. That order can trigger multi-year bars to reentry under INA § 212(a)(9).

Action Step: Do not sign any removal-related document unless and until an experienced Virginia immigration attorney has reviewed it and explained the consequences. 

You May Be Asked to Waive Your Right to a Hearing 

Every person placed in removal proceedings has the right to appear before an Immigration Judge unless that right is validly waived. ICE officers may present paperwork that includes a waiver of the right to contest removability or to apply for relief. The language can appear procedural, but it functions as a binding relinquishment of due process rights. The simple reality is that you do not want to waive your rights unless you have a very good reason to do so.

Action Step: Assert your right to a hearing and request time to consult counsel before agreeing to any waiver. You never have to waive anything. Further, you can always speak to a lawyer first.

Statements Made in Custody Can Be Used Against You

ICE may also present forms that memorialize statements regarding entry, immigration history, or criminal conduct. Admissions made in writing can later serve as evidence in removal proceedings. The government bears the burden to establish removability by clear and convincing evidence. 

Action Step: Do not provide written or signed statements without first receiving legal advice, particularly if English is not your first language. You do not have to say anything. It is best to let a Virginia deportation defense attorney do the talking. 

Contact Our Alexandria Immigration Lawyer Today

At Escobar Law Offices, our Virginia immigration attorney has extensive experience with deportation defense. If ICE presented a document, you should speak to a lawyer before you sign in. Contact us right away for a fully confidential initial consultation. With an office in Annandale, we handle deportation defense in Arlington, Alexandria, and throughout Northern Virginia.

Source:

americanimmigrationcouncil.org/blog/ice-expanding-detention-system/#:~:text=ICE%20Detention%20Statistics,year%2C%20a%2091%25%20increase.