If you have an undocumented friend or relative who has been detained in the United States after an immigration hold you will likely need to contact an immigration attorney to get him or her out.
Getting a Grasp on an Immigration Hold
An immigration hold, which is also known as a detainer, refers to when an undocumented or illegal foreign national who is already in prison is held after criminal charges, often past the person’s scheduled release date, for transfer to Immigration and Customs Enforcement (ICE). The hold lasts for about 48 hours, during which time ICE is expected to pick the person up anyway.
ICE is known for regularly checking on who the police have put in jail and whether they are in valid immigration status. It is among one of ICE’s strategies for seizing people who are illegally in the country. Even individuals with green cards (Lawful Permanent Residents) can be put on an immigration hold if they commit a crime for which a foreigner can be deported or put in removal proceedings.
Placing a foreign national on an immigration hold can be disheartening. Just when you thought your friend or relative was going to be released from prison, they are transferred to an Immigration Customs Enforcement detention center. Those detention centers are separate from normal jails and often placed in very isolated areas; sometimes in other states from where the non-resident or non-citizen has been living.
Will a Foreign National Get Deported Immediately After Being Placed on an Immigration Hold?
When a foreign national is held by ICE he or she has the right to have their immigration case heard before an immigration judge. There is an exception, however, if an order of removal (deportation) is already pending against said person. In that case, the non-resident probably has no right to further hearings and will be deported from the U.S. immediately.
If a Person is Not Deported Instantaneously Will That Individual Be Granted Hearings Pertaining a Bond and Other Immigration Legal Matters?
Presuming the non-citizen is not deported from the U.S. straight away, hearings will indeed be part of the follow-up procedures. The first hearing before an immigration court judge will be a short one. Its purpose is to set a bond amount for the person’s release from detention while awaiting their next hearing. If your friend or relative is eligible for bond, he or she will be released once the bond amount is paid, often with certain conditions and under supervision, such as electronic monitoring or check-ins with ICE. Certain detainees, who do not have removal orders, are nonetheless ineligible for bond and are subject to mandatory detention for specific crimes. While your relative or friend may be allowed to have a lawyer represent them, they do not get a free court-appointed lawyer like in criminal matters.
The following court hearing will fully cover the merits of the person’s case. With the help of an immigration lawyer, your friend or family member might be able to create a convincing argument against removal. For instance, there is a possibility to demonstrate to the judge that the non-citizen has the right to a U.S. green card or if they already have a green card, that the crime committed is not sufficient to make a person deportable.
How Can a Family Member or Friend Help a Detained Non-Resident or Non-Citizen
One of the first steps to take if someone you know has been detained after an immigration hold, is to find out the location of the detention center the person has been transferred to. You will need to get personal information and other details but make sure to have an immigration lawyer help you as there are a lot of unknowns that will need the guidance of an attorney.
Have An Immigration Lawyer Help You
As soon as you find out that your friend or relative has been detained, get in contact with an immigration attorney before it is too late. When looking for an attorney, retain one who knows how the U.S. immigration laws treat criminal matters. You can give us a call at 1-847-786-2599 and our attorneys at Gambacorta Law Office will start working with you rather quickly.