Detainers
When a non-citizen is arrested by different local and state law enforcement agencies, they notify the U.S. Immigration and Customs Enforcement (“ICE”) of the arrest. Thereafter, ICE places a “detainer” or “hold” on the non-citizen, requiring the local agency to hold the individual before release. The detainer prevents the non-citizen’s release from jail even after placing the criminal bond; provides ICE with the opportunity to question or arrest the non-citizen; and place him or her in removal proceedings.
Sometimes, local agencies hold the non-citizen for longer than allowed by law after a bond has been posted. This hold is often illegal or improper because there is no criminal conviction. In other cases, the local authorities may refuse to accept a bond payment in a criminal case because of the immigration detainer. A good criminal defense attorney or immigration lawyer should immediately be contacted to seek the non-citizen’s release.
Under certain circumstances, it may not be worth the time and expense to seek the release of the non-citizen, particularly where ICE picks up the non-citizen shortly after the expiration of the allowable detention period. In most cases, however, it is advisable to post the bond despite the immigration detainer. It does not make sense for the non-citizen to remain incarcerated on the criminal case if he or she will be arrested by ICE at the end of the case. This is especially true where the non-citizen may be entitled to be released on bond from ICE. If you have been detained, ICE has the authority to release you from custody upon payment of an immigration bond.
Bond Hearing
A bond is a monetary deposit made to ensure the non-citizen’s appearance in removal proceedings; and his or her compliance with any final order. While ICE sets the initial bond, certain non-citizens have the right to request a bond hearing before an immigration judge to re-determine the amount of the bond. Not all non-citizens are eligible for release on bond, such as non-citizens convicted of certain crimes or terrorist activities.
If the non-citizen is eligible for a bond, the immigration judge will consider several factors in setting and/or re-determining the bond, including whether the non-citizen is:
1) A danger to persons or property;
2) Likely to appear for further immigration proceedings; and
3) A threat to national security.
Under certain circumstances the alien has the ability to appeal the immigration judge’s decision. If you or a family member is detained, you should seek immediate legal assistance from an experienced attorney. With significant immigration and criminal law experience, our firm can quickly assess your case, determine available options and initiate an aggressive defense strategy.
To schedule a confidential consultation, please contact us at (305) 373-5385 or via e-mail. We are available for in-person, telephonic, or video consultations.
