Know Your Rights Guide
Essential information about your rights during ICE encounters
Important Disclaimer
This guide is for educational purposes only and does not constitute legal advice. Every case is unique. Always consult with a licensed attorney before taking any legal action.
Step-by-Step Preparation Guide
Document Everything
Gather and organize all evidence related to your case before meeting with an attorney.
- Write down exactly what happened with dates, times, and locations
- List names and badge numbers of any officers involved
- Collect contact information for witnesses
- Save photos, videos, and any physical evidence
- Keep copies of all official documents you received
- Document any injuries with photos and medical records
- Save text messages, emails, or voicemails related to the incident
Research Your Situation
Understand the legal landscape and find similar cases that may be relevant.
- Use our AI Research tool to find similar court cases
- Look for cases where damages were awarded for similar situations
- Understand what type of claim might apply (FTCA, Bivens, civil rights)
- Note relevant statutes of limitations (time limits to file)
- Research the specific agency or facility involved
Find the Right Attorney
Connect with a qualified immigration or civil rights attorney.
- Look for attorneys specializing in immigration law or civil rights
- Check if they have experience with cases against federal agencies
- Ask about their experience with FTCA or Bivens claims
- Verify their bar membership and check for disciplinary actions
- Read reviews and ask for references if possible
- Many organizations offer free initial consultations
Prepare for Your Consultation
Make the most of your attorney meeting by being prepared.
- Bring all documentation you've gathered
- Prepare a written timeline of events
- List your questions in advance
- Be ready to discuss the impact on your life (financial, emotional, physical)
- Bring identification and any immigration documents
- Know your availability for future meetings and court dates
Important Deadlines
Legal claims have strict time limits. Missing a deadline can mean losing your right to pursue a case entirely.
FTCA Claims
2 years from incident
Must file administrative claim with the agency within 2 years. If denied, you have 6 months to file in court.
Bivens Claims
Varies by state
Generally follows the state's personal injury statute of limitations, typically 2-3 years.
Section 1983
Varies by state
Uses the state's personal injury statute of limitations where the violation occurred.
Questions to Ask Your Attorney
Experience & Qualifications
- How many cases like mine have you handled?
- What were the outcomes of those cases?
- Do you have experience with claims against federal agencies?
- Are you familiar with FTCA (Federal Tort Claims Act) procedures?
Case Assessment
- Based on what I've told you, do I have a viable case?
- What type of claim would this be?
- What are the strengths and weaknesses of my case?
- What is the statute of limitations for my situation?
Process & Timeline
- What are the steps involved in pursuing this case?
- How long does this type of case typically take?
- Will I need to file an administrative claim first?
- What will be required of me during the process?
Costs & Fees
- Do you work on contingency (no fee unless we win)?
- What percentage would you take if we win?
- Are there any upfront costs I should expect?
- Who pays for court costs and expert witnesses?
Potential Outcomes
- What types of damages might I be able to recover?
- What is a realistic range for compensation in cases like mine?
- Is settlement likely, or would this go to trial?
- What factors could affect the outcome?
Types of Legal Claims
Understanding the different types of claims can help you have a more informed conversation with your attorney. They will advise you on which applies to your situation.
Federal Tort Claims Act (FTCA)
Allows lawsuits against the federal government for negligent or wrongful acts by federal employees.
Examples:
- •Medical negligence in detention
- •Property damage during raids
- •Vehicle accidents involving federal agents
Note: Requires filing an administrative claim with the agency first. 2-year statute of limitations.
Bivens Actions
Constitutional tort claims against individual federal officers for violations of constitutional rights.
Examples:
- •Fourth Amendment (unreasonable search/seizure)
- •Fifth Amendment (due process)
- •Eighth Amendment (cruel and unusual punishment)
Note: More limited after recent Supreme Court decisions. Consult an attorney about viability.
Section 1983 Claims
Civil rights claims against state/local officials (not federal) for constitutional violations.
Examples:
- •Claims against local police cooperating with ICE
- •Jail conditions for immigration detainees in local facilities
Note: Does not apply to federal officers directly, but may apply to state/local cooperation.
Class Action Lawsuits
Group lawsuits where many people with similar claims sue together.
Examples:
- •Systemic detention conditions
- •Policy-based violations affecting many people
- •Family separation claims
Note: You may be able to join an existing class action rather than filing individually.
Understanding Potential Damages
If your case is successful, you may be entitled to various types of compensation. Your attorney can advise on what applies to your situation.
Compensatory Damages
Covers actual losses: medical bills, lost wages, property damage
Pain & Suffering
Compensation for physical pain and emotional distress
Punitive Damages
Additional damages to punish egregious conduct (limited against government)
Attorney Fees
In some cases, the government may be required to pay your legal fees