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A person may be arrested by the INS either at the border or at any place within the U.S. Arrests or detentions at the border are routine and a person has few rights.
Arrests or stops by the INS within the interior of the U.S. are much more restricted. If an INS officer has good reason to believe that you have committed a crime, he may arrest you. Also, if there is good reason to believe that you are not a U.S. citizen and that you may be in the U.S. illegally, an INS officer may stop you and ask you questions.
Should you answer the officer's questions?
This is a tough question.
On the one hand, it is usually not advisable to provide information or confide in officers of the INS, for it is the rare case that they are really looking out for your best interests. Even "innocent" information such as your place of birth or the fact that you are not a U.S. citizen might provide the INS officer with a legal justification for getting more information from you.
On the other hand, refusing to answer questions may cause them to take you into their office and could increase the likelihood that a higher bond may be required before you can be released.
To get the best advice on how to handle this difficult situation, contact a lawyer experienced in immigration law as soon as you can.
See a lawyer before you are arrested
If you are arrested by the INS, call a lawyer who is experienced in immigration law. The government will not provide you with a free lawyer, because this is not a criminal proceeding.
If you think your immigration status is questionable, the best way to prepare for this possibility is to seek the advice of a lawyer before you are arrested or questioned by the INS, for it might be difficult to find a lawyer while in INS custody. After consulting with the lawyer, make sure that you keep his business card and information on how to reach him.
If you have done this and are detained or arrested, tell the INS officer that you demand to speak to your lawyer right away - before deciding whether to answer any questions posed by the officer.
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