When a person receives a summons to appear before the immigration court In the United States, it's common to wonder where to start. What are your rights in immigration court? Do you have the right to a lawyer? Can you request an interpreter? What if you need more time? What if you don't show up? These questions don't always have clear answers within the system.

Every year, thousands of people face deportation proceedings without fully understanding what is happening before the judge. In many cases, they don't have a lawyer, they do not understand the charges against them and are unaware that they have the right to speak, to request more time, or to review the evidence presented by the government.

According to Syracuse University's TRAC research center, more than 40 percent of people in deportation proceedings do not have legal representation. Another report by the American Immigration Council warns that only 14 percent of detainees manage to find a lawyer.

Unlike in criminal courts, the government does not assign a public defender in these cases. Each person must find and pay for an attorney at their own expense, if they can. However, even those without legal immigration status retain fundamental rights in court.

In this article, we explain what these rights are, why it's important to know them, and what steps to take to ensure they are respected. 

The right to have a lawyer

In immigration court, everyone has the right to be represented by an attorney. But unlike in criminal courts, the government does not provide free public defense. That is, if someone wants an attorney, they must find and pay for one themselves.

That doesn't mean legal representation is out of reach. Some organizations offer free or low-cost services, although they are in high demand and have limited availability. Others choose to pay for only a consultation for basic guidance before deciding whether to hire full representation.

Having a lawyer can make a real difference in the outcome of the case. According to The Advocates for Human Rights, “People are much more likely to win their case in Immigration Court when they have a lawyer—five to eight times more likely.”

In addition to representing the person before the judge, a lawyer can explain the process, assess whether there is a legal path to remain in the country, prepare the corresponding applications, gather evidence, and provide guidance on how to present themselves at the hearing.

How to find a lawyer and what to consider

If the judge asks if you'd like time to find a lawyer, it's crucial to say yes. That opportunity may not come around again. Therefore, it's best to begin your search as soon as possible and document each attempt: where you called, when, and with what results.

Important: No one is obligated to accept the first attorney who says yes. It's okay to ask about their experience, compare prices, and require that they be licensed to practice immigration law.

You also have to be careful with the scammers who pose as lawyers, especially on social media or community groups.

Immigration Lawyer Resources

There are several non-profit organizations that provide legal services on immigration issues. You can consult our North Carolina Immigration Resource Guide , which brings together more than 30 organizations with free or low-cost legal services.

The right to understand the charges and request an interpreter

Every person has the right to understand why they are being brought before the immigration court. This includes receiving the charges in writing and in a language they understand, as well as having access to an interpreter during the hearing if you do not speak English.

In practice, if a person doesn't understand what the judge, government attorney, or anyone else in the courtroom is saying, they can—and should—request an interpretation. The proceedings shouldn't proceed without everyone present understanding what's happening.

Although the right to an interpreter is guaranteed, problems sometimes arise: the interpretation may be confusing, incomplete, or in a language other than the one the person speaks. In these cases, it's important to speak up immediately and request a record. This can be crucial if the decision needs to be appealed later.

An additional interpreter can also be requested if the person's language is not Spanish or if they need translation from an indigenous language. Understanding what is happening in the hearing is a right. And exercising it, out loud if necessary, is a fundamental part of a good defense.

Related:  Is adequate language access being provided in North Carolina courts?

The right to see the evidence against you

The government cannot deport a person without first presenting evidence to support their case. Therefore, one of the most important rights in immigration court is the right to see all the evidence that the government has presented. Department of Homeland Security (DHS) present against you.

This includes documents such as immigration history, arrest reports, statements, or other records. No one should be tried without knowing exactly what they are accused of or what evidence is available. If the government presents new evidence during the hearing, you can request more time to review it and prepare an appropriate response.

It's also possible to request the full case file through a Freedom of Information Act (FOIA) request, although this process can take several weeks.

Reviewing evidence can help detect errors, such as incorrect data, mistaken identity, or incomplete information. In some cases, pointing out these flaws can change the course of the case.

If anything in the record is unclear or appears incorrect, it's important to raise this issue at the hearing and request that it be recorded. Access to evidence isn't an administrative detail: it's an essential tool for defending yourself on equal terms.

The right to ask for more time

If a person isn't ready to continue their case in immigration court, they can ask for more time. This right is especially important if they're still looking for an attorney, waiting for documents, or need support understanding the process.

When the judge asks if you are ready to proceed, you can request a new date. This request can be made aloud during the hearing, and in some cases, the judge will ask for it to be made in writing. There is no guarantee that more time will always be granted, but it is a right that must be exercised.

If an extension is granted, it's critical to use that time to make progress. At subsequent hearings, the judge may ask what has been done in the meantime. If there's no progress, the judge may deny a new request.

Asking for time is not a delay; it is a legitimate tool for preparing an adequate defense.

The right to appeal a decision

If a person disagrees with the decision the immigration judge made in their case, they have the right to appeal. This means asking a higher court to review the judge's decision and determine whether there was a legal or procedural error.

The appeal must be filed with the Board of Immigration Appeals (BIA), and there is a very short deadline to do so: 30 days from the date the decision was issued If you do not appear on time, the deportation order becomes final.

During the appeals process, in some cases, it is possible to request a stay of deportation until the BIA makes a decision. To do this, you must file a stay of removal request.

Appealing doesn't guarantee a reversal of the decision, but it can be an important opportunity if there were problems with the interpreter, if the judge rejected evidence without justification, or if rights were violated during the hearing.

Therefore, it's advisable to speak with a lawyer as soon as possible if you're considering an appeal. A mistake at this stage could close the door.

What happens if ICE seeks to dismiss your case to apply expedited removal?

In some cases, DHS may ask the judge to close your case to remove it from the regular immigration court process and place you in a faster procedure: the expedited removal This usually occurs when the person has been in the United States for less than two years.

Expedited removal is applied without a full hearing and can lead to immediate deportation, unless the person demonstrates a fear of returning to their country. Even if the case is closed, there are still rights that can be exercised.

If DHS makes this request, you may be asked to remain in writing  and request ten days to respond . You can also request that the judge's decision be formally recorded, allowing for an appeal.

These steps can be key to buying time and seeking legal support. If action is not taken promptly, the person risks being detained and deported within days.

Common mistakes and specific recommendations

Many people arrive at immigration court without knowing how to exercise the rights explained in this article. For this section, Enlace Latino NC  consulted with the legal team of Pisgah Legal Services and compiled the most common mistakes and the most important recommendations when facing an immigration process.

Frequent errors

1. Go to the second hearing without a lawyer. 
   If no effort is shown to have been made to secure representation, the judge may decide to proceed without further delay.
2. Not knowing that you can respond to or oppose ICE requests. 
   Many people believe that only the judge can speak, but they can also intervene, ask for time or clarification.
3. Do not require oral motions to be submitted in writing. 
   This may leave the person without enough time to respond appropriately.
4. Do not record problems with the interpreter. 
   If you don't understand what's happening and don't say anything, it seems as if everything is clear.

Specific recommendations

• Ask for more time if you do not have a lawyer.
• Always attend court, even without representation.
• Document each legal search attempt.
• Be respectful, but clear and firm when speaking.
• Provide only the information that the judge requests.

It may interest you: Immigration Guide: Prepare yourself with reliable information and useful resources 

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What rights do you have in immigration court and how can you enforce them?

by Patricia Serrano, Enlace Latino NC
June 9, 2025

Enlace Latino NCJune 9, 2025 When a person receives a summons to appear in immigration court in the United States, they often don't know where to start. What are your rights in immigration court? Do you have the right to a lawyer? Can you ask for an interpreter? What if you need more time? What if he doesn't show up? These questions do not always have clear answers within the system. Every year, thousands of people face deportation proceedings without fully understanding what is happening before the judge. In many cases, they do not have a lawyer , do not understand the charges against them, and are unaware that they have the right to speak, to request more time, or to review the evidence presented by the government. According to Syracuse University's TRAC Research Center, more than 40 percent of people in deportation proceedings do not have legal representation. Another report from the American Immigration Council warns that only 14 percent of detained individuals are able to find a lawyer. Unlike criminal courts, the government does not assign a public defender in these cases. Each person should find and pay for a lawyer on their own, if they can. However, even those without legal immigration status retain fundamental rights in court. In this article, we explain what these rights are, why it's important to know them, and what steps to take to ensure they are respected. The right to have a lawyer In immigration court, everyone has the right to be represented by an attorney. But unlike criminal courts, the government does not provide free public defense. That is, if someone wants a lawyer, they must find and pay for one themselves. That doesn't mean legal representation is out of reach. Some organizations offer free or low-cost services , although they have high demand and limited availability. Others choose to pay for only a consultation for basic guidance before deciding whether to hire full representation. Having an attorney can make a real difference in the outcome of your case. According to The Advocates for Human Rights, “People are much more likely to win their case in Immigration Court when they have an attorney—five to eight times more likely.” In addition to representing the person before the judge, a lawyer can explain the process, assess whether there is a legal path to remain in the country, prepare the corresponding applications, gather evidence, and provide guidance on how to present themselves at the hearing. How to find a lawyer and what to consider If the judge asks if you want time to find a lawyer, it is critical to say yes. That opportunity may not be repeated. Therefore, it is advisable to start the search as soon as possible and document each attempt: which locations were called, when, and with what results. Important: No one is obligated to accept the first lawyer who says yes. It's worth asking about their experience, comparing prices, and demanding that they have a license to practice immigration law. You should also be wary of scammers posing as lawyers, especially on social media or in community groups. Immigration Lawyer Resources There are several non-profit organizations that provide legal services in immigration matters. You can check out ourNorth Carolina immigration resource guide , which lists more than 30 organizations offering free or low-cost legal services . The right to understand the charges and request an interpreter Every person has the right to understand why they are being brought before immigration court. This includes receiving the charges in writing and in a language you understand, as well as havingaccess to an interpreter during the hearing if you are not fluent in English. In practice, if a person does not understand what the judge, government attorney, or anyone else in the courtroom is saying, they can—and should—request an interpretation. The process should not move forward without everyone present understanding what is happening. Although the right to an interpreter is guaranteed, problems sometimes arise: the interpretation may be confusing, incomplete, or in a language other than the one the person speaks. In such cases, it is important to say so immediately and ask for it to be recorded. This can be key if the decision needs to be appealed later. An additional interpreter may also be requested if the person's language is not Spanish or if translation from an indigenous language is needed. Understanding what is happening in the hearing is a right. And exercising it, out loud if necessary, is a fundamental part of a good defense. Related: Is adequate language access being provided in North Carolina courts? The right to see the evidence against you The government cannot deport a person without first presenting evidence to support their case. Therefore, one of the most important rights in immigration court is the right to see all the evidence that the Department of Homeland Security (DHS) presents against you. This includes documents such as immigration history, arrest reports, statements, or other records. No one should be tried without knowing exactly what they are accused of or what evidence is available. If the government presents new evidence during the hearing, more time may be requested to review it and prepare an appropriate response. It's also possible to request the full case file through a Freedom of Information Act (FOIA) request, although this process can take several weeks. Reviewing evidence can help detect errors, such as incorrect data, mistaken identity, or incomplete information. In some cases, pointing out these flaws can change the course of the process. If anything in the record is unclear or appears incorrect, it is important to mention this at the hearing and ask for it to be recorded. Having access to evidence isn't an administrative detail: it's an essential tool for defending yourself on equal terms. In Charlotte's Immigration Court, hundreds of people face deportation proceedings each week. Many arrive without a lawyer and without knowing the fundamental rights they can exercise during the hearing. PHOTO: Henry Danner for ELNC. The right to ask for more time If a person is not ready to continue their case in immigration court, they can ask for more time. This right is especially important if you are still looking for a lawyer, waiting for documents, or need support understanding the process. When the judge asks if you are ready to continue, you can request a new date. The request can be made aloud during the hearing, and in some cases the judge will ask for it to be made in writing. There is no guarantee that more time will always be granted, but it is a right that must be exercised. If an extension is granted, it is essential to take advantage of that time to move forward. At subsequent hearings, the judge may ask what was done in the meantime. If there is no progress, you can reject a new application. Asking for time is not a delay; it is a legitimate tool for preparing an adequate defense. The right to appeal a decision If a person disagrees with the decision the immigration judge made in their case, they have the right to appeal. This means asking a higher court to review the judge's decision and determine whether there was a legal or procedural error. The appeal must be filed with the target="_blank" rel="noreferrer noopener">Board of Immigration Appeals (BIA), and there is a very short timeframe to do so: 30 days from the date the decision was issued . If you do not appear on time, the deportation order becomes final. During the appeals process, in some cases, it is possible to request that the deportation be halted until the BIA makes a decision. To do this, a stay of removal request must be submitted. Appealing doesn't guarantee a reversal of the decision, but it can be an important opportunity if there were problems with the interpreter, if the judge rejected evidence without justification, or if rights were violated during the hearing. Therefore, it is advisable to speak with an attorney as soon as possible if you are considering an appeal. A mistake at this stage can close the last available door. What happens if ICE seeks to dismiss your case to apply expedited removal? In some cases, DHS may ask the judge to close your case to remove it from the regular immigration court process and place you in a faster procedure: expedited removal . This usually occurs when the person has been in the United States for less than two years. Expedited removal is applied without a full hearing and can lead to immediate deportation unless the person demonstrates that they fear returning to their country. Even if the case is closed, there are still rights that can be exercised. If DHS makes this request, you can ask for it to be in writing and request ten days to respond . You can also request that the judge's decision be formally recorded, allowing for an appeal. These steps can be key to saving time and seeking legal support. If action is not taken in time, the person risks being detained and deported within days. Common mistakes and specific recommendations Many people arrive at immigration court without any knowledge or understanding of how to exercise the rights explained in this article. For this section,Enlace Latino NCHe consulted with the legal team at Pisgah Legal Services and compiled the most common mistakes and the most important recommendations when facing an immigration process. Common mistakes Go to the second hearing without a lawyer. If it is not shown that an effort was made to obtain representation, the judge may decide to proceed without further delay. Not knowing that you can respond to or oppose ICE requests. Many people believe that only the judge can speak, but others can also intervene, ask for time or clarifications. Do not request that oral motions be submitted in writing. This may leave the person without enough time to respond appropriately. Do not leave any record of problems with the interpreter. If what is happening is not understood and is not said, it remains as if everything is clear. Specific recommendations Request more time if you do not have a lawyer. Always attend court, even without representation. Document every attempt at a legal search. Be respectful, but clear and firm when speaking. Only provide the information that the judge requests. You may be interested in:Immigration Guide: Prepare yourself with reliable information and useful resources Clarification note: This report is for informational purposes only.Enlace Latino NCShe consulted with organizations that offer legal assistance in the area and with immigration lawyers in preparing this information. However, this information is not a substitute for the legal advice of a lawyer. Enlace Latino NC It is a news outlet that produces journalistic content by and for Latino immigrants in North Carolina and the United States, and does not offer any legal services. If you have questions about your immigration case or are facing proceedings in Immigration Court, you should consult directly with a qualified immigration attorney. This notice is not a substitute for professional legal advice. This article first appeared onEnlace Latino NCand is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License . 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