Learning that a friend or family member has been detained in the United States after an immigration hold can be devastating especially if you do not know how the U.S. immigration law system works.
What is an Immigration Hold?
An immigration hold (also known as a detainer) refers to when an undocumented foreign national is already being held in prison after being criminally charged, often past the person’s scheduled release date for transfer to Immigration and Customs Enforcement (ICE). The hold lasts for a maximum of 48 hours, during which time ICE has the authority to pick anyone up who is on immigration hold. If ICE doesn’t detain the person after 48 hours, then the detainee can be released, but requesting or arguing to be released can trigger ICE to come for the person either way.
ICE and the Police Department work together. ICE checks in with the police to see who they have in holding and whether the detained person(s) have a valid immigration status. It’s among one of ICE’s strategies for apprehending undocumented persons. Even green card holders could have immigration holds placed on them if they committed a type of crime that makes them deportable.
The placement of an immigration hold on a friend or relative can be disheartening. Just when you thought your friend or relative was going to get out of prison, then you learn that they got transferred to an Immigration and Customs Enforcement (ICE) detention center. These detention centers are isolated far away from regular jail facilities and sometimes are in states other than where the foreigner has been living.
Can a Detainee Get Deported Immediately?
A person being held by ICE has a right to have their immigration case heard before an immigration judge. There is an exception, however, if an order of removal (deportation) is already outstanding against the person then the foreigner will be deported immediately from the country since that person will have no right to further hearings.
If a Deportation is Being Delayed, Will the Foreigner Be Given a Bond Hearing and Other Legal Matters?
Granted that the non-citizen is not deported from the U.S immediately, hearings will indeed be part of the follow-up procedures.
Usually, the first hearing before an immigration judge is a short one whereby the immigration judge sets a bond amount for the person’s release from detention. If a bond is provided, the detainee will be released until the bond amount is paid. Oftentimes, a bond is granted with certain terms and conditions along with supervision such as electronic monitoring or check-ins with ICE. For some, who do not have removal orders are nonetheless ineligible for bond and are subject to mandatory detention for particular crimes.
The following court hearing will fully cover the merits of a case. With the assistance of an immigration attorney an argument can be made against removal and why the foreign national has the right to obtain a U.S. green card or if the immigrant is already a green card holder, that the crime committed is not as grave to make a person deportable.
All court hearings will be scheduled automatically unless a friend, family member or even the deportee accidentally or willingly signs a voluntary departure from the U.S. Ask an immigration expert for advice.
Get Help from an Immigration Attorney
When it comes to helping a foreign national in immigration hold or even assisting a deportee it should not be taken lightly. Call Gambacorta Law Office today at 847 443 9303 and our team will start by locating your friend or family member with your help and will fight your deportation case to the end.