Here’s something that can change everything in an immigration detention: a form called a Voluntary Departure agreement. If an agent hands it to you and you sign it, you’re giving up your right to have a judge hear your case. That’s not a small thing. That’s the whole ballgame.
According to the Congressional Research Service, when someone is arrested by immigration agents, those agents are required to inform the person of their legal rights and arrange for them to appear before a judge. That legal appearance is your chance to challenge what’s happening to you — to make your case, explain your situation, and potentially stay.
Signing a voluntary departure form waives that. You’re essentially agreeing to leave without a fight. Once it’s signed, it’s done.
Now, there are situations where you might not get a hearing at all, regardless of signing anything. The National Immigration Law Center notes that if you can’t prove you’ve lived in the U.S. for more than two years, agents may be able to deport you without giving you a chance to see a judge — a process known as expedited removal. So the right to a hearing isn’t automatic for everyone — but if you do have it, signing voluntarily throws it away.
Note: Immigration law and enforcement policies are changing rapidly. The information here reflects current law, but consult an immigration attorney for advice specific to your situation.
If you’re ever detained, stay calm. Don’t run. You have the right to remain silent — use it. You don’t have to answer questions. You can say, “I am using my right to remain silent.” That’s it.
And do not sign anything until you’ve spoken to a lawyer. Seriously. Even if an agent makes it sound routine or tells you it’ll go faster if you just sign — stop. Ask for a lawyer. That document could determine whether you get to stay in the country or not.
If someone you know is detained, help them contact an immigration attorney as fast as possible. Time matters here.