12/16/2020 by lawofficeofalexanderrvail
Helpful Information About Immigration Detainment
There are over 200 immigration detention centers throughout the United States, according to the nonprofit Freedom for Immigrants. It can be difficult to learn the whereabouts of a loved one if they are detained by Immigration and Customs Enforcement (ICE), and the immigration system can be challenging to navigate without legal representation. Learn what happens when an undocumented immigrant is taken into custody.
Common Reasons for Detainment:
Even if the original violation or crime committed wasn’t related to immigration, local law enforcement can share an undocumented immigrant’s arrest information with ICE. ICE may request that local law enforcement hold the undocumented immigrant for 48 hours so that the federal agency can take the individual into its custody.
Other reasons why ICE might take an individual into its custody include —
- Arriving at the border without a visa or approval for asylum or refugee status;
- Missing a scheduled immigration hearing date;
- Having an outstanding order of removal.
What To Do After Detainment:
Locating a detained loved one can be a confusing and frustrating task. If he was not taken to an ICE-operated detention facility, then he may be at a local jail. The Online Detainee Locator System can possibly locate a loved one if he is held in an ICE detention center, but the detainee locator system is usually not updated quickly.
If the detainee is located in an ICE facility, the next step is to get in touch with his deportation officer and learn the best ways to contact them and send them any essential items. Hiring an experienced immigration attorney can assist in communication and care for your loved one.
How To Help Get Someone Out Of Immigration Custody
An experienced attorney can help determine whether your loved one is even eligible to be released on a bond. ICE does have the discretion to set a bond for those individual who are eligible, but it seldom does. Often one must seek a custody redetermination hearing before an immigration judge. Beware though: it isn’t always as easy as just requesting a hearing; at a custody redetermination hearing, the detainee bears the burden of proving that he does not pose a danger to the community or a risk of flight. An experienced attorney can help you prepare type of filing that can help assure your loved one meets this burden at the hearing. Assuming a bond is set, your loved one will be released from custody once the bond is paid.
Getting your loved one out of custody is only half the battle. At the Law Office of Alexander R. Vail, our team of immigration attorneys can help you navigate the removal proceedings that follow. Schedule a consultation with a dedicated attorney today.