top of page
Search

Know Your Rights: Immigration Arrest, Detention, and Deportation in Canada

Updated: Nov 6

A GUIDE TO IMMIGRATION ARREST, DETENTION AND DEPORTATION

Many newcomers and migrant workers in Canada live under the constant worry of immigration enforcement. Whether you’ve fallen out of status, are waiting on an immigration decision, or are in the middle of a removal process, understanding your legal rights can help you stay safe, protect your family, and make informed decisions.


A Guide to Immigration Arrest, Detention, and Deportation in Canada


This post draws on community legal education materials developed by the Immigration Legal Committee (ILC) and allied organizations. It aims to summarize key points about your rights during immigration arrests, detentions, and deportations — and what you can do to protect yourself.


Download the materials here:


Who Is at Risk of Immigration Arrest or Detention?


You may be at risk if:


  • Your visitor, worker, or student visa has expired

  • You did not comply with your visa’s terms and conditions

  • Your refugee claim and Pre-Removal Risk Assessment (PRRA) were denied

  • You received a deportation date but did not leave Canada

  • You entered Canada without authorization or valid documents

  • You have an outstanding immigration warrant


If you think you may be at risk, contact an immigration lawyer or regulated legal representative immediately. Applications such as humanitarian and compassionate grounds or spousal sponsorship do not automatically stop deportation. Always confirm with your representative how any pending applications affect your case.


Your Rights at Home


1. Right to Privacy


Immigration or police officers cannot enter your home unless they have both:

  • An arrest warrant, and

  • A special entry warrant (also called a Feeney warrant)


If officers knock on your door:

  • Do not open it right away. Ask what they want through the door.

  • Request that they slide the warrants under the door for inspection.

  • Check that both warrants are signed, dated, and name the correct person.


If they do not have both warrants, you can tell them to leave.If they do, the person named may choose to step outside to avoid endangering others inside.


2. Right to Silence


You are not required to speak to officers unless you are arrested or detained. You can choose to stay silent or simply ask, “Am I being detained, or am I free to go?” Anything you say can be used against you later in a detention hearing.


Your Rights in Public or at Work


If an officer stops you in public (on the street, in a park, or at work):

  • You have the right to ask to see a warrant.

  • You may identify yourself with your name, address, and date of birth — but you do not have to answer questions about your immigration status or how you came to Canada.

  • If the officer says you are not being detained, you can leave calmly.


If you are driving, you must show your identification. However, traffic stops often lead to immigration checks through shared police databases. Migrant workers and people without valid permits are especially vulnerable in these encounters.


Planning Ahead: Safety and Support


If you are living without status, prepare a safety plan.This can include:

  • Having a lawyer’s or licensed paralegal’s contact information ready

  • Giving trusted friends access to your home and important documents

  • Arranging care for your children in case of detention

  • Identifying someone who can act as a bondsperson (a Canadian or permanent resident who can post a deposit or promise to ensure your appearance at hearings)

  • Connecting with community or faith-based groups that can mobilize support


Collective action has proven effective — communities have successfully organized to stop deportations and secure status for undocumented workers. Knowing your rights is the first step toward asserting them.


If You Are Detained


  • Do not sign anything without speaking to a lawyer or authorized representative.

  • Ask for an interpreter if you don’t understand the language used.

  • You may contact your embassy, but if you fear your government, you are not required to.

  • The Refugee Law Office (RLO) and Toronto Refugee Affairs Council (TRAC) provide legal support to immigration detainees at the Immigration Holding Centre in Toronto (385 Rexdale Blvd).


How Apuntar Legal Services Can Help


Apuntar Legal Services provides professional representation and assistance for individuals facing Immigration Arrest and Detention - including removal orders, detention reviews, or hearings before the Immigration and Refugee Board (IRB).


Our office assists clients in preparing strong submissions for refugee claims, appeals, stays of removal, and humanitarian and compassionate applications. We work closely with clients and their families to ensure that every case is well-documented and supported by compelling evidence.


If you or a loved one has been detained or received a removal order, it’s important to act quickly. Our team can help you understand your options, communicate with the Canada Border Services Agency (CBSA), and prepare your case for review or hearing.


Legal Help and Resources


If you are in Ontario:

  • Refugee Law Office (Legal Aid Ontario): 1-800-668-8258

  • Toronto Refugee Affairs Council (TRAC): 416-401-8537

  • Workers’ Action Centre (for unpaid wages and workplace issues): www.workersactioncentre.org


If you live outside Toronto, contact your local Legal Aid Ontario community legal clinic to see what support may be available.


Final Note


This information is meant to educate and empower, not replace legal advice. Immigration laws change frequently, and officers don’t always follow proper procedure. The best protection you have is to stay informed and seek competent legal help.


If you or someone you know is facing immigration detention or deportation, contact Apuntar Legal Services today.


📞 Contact Apuntar Legal Services

Comments

bottom of page