U.S. Immigration and Customs Enforcement (ICE) is responsible for the detention and removal of noncitizens. One of the agency's priorities is removing noncitizens in jails and prisons. ICE and cooperating law enforcement agents generally identify such individuals for removal by questioning and running various computer checks on them. If an individual is found to be removable based on a lack of status or a prior criminal conviction, ICE can issue a "detainer" pretrial to assume custody of the individual. Generally, an immigration detainer is a request to a local law enforcement agency to detain a named individual for up to 48 hours after that person would otherwise be released (excluding Saturdays, Sundays and holidays). If an individual with lawful status becomes removable upon conviction, ICE will likely assume custody of the individual upon completion of any jail or prison sentence. Even if ICE does not take any immediate action against someone who has become removable due to a conviction, sucha an individual may still be placed into removal proceedings upon a future contact with immigration officials. Once an individual has been formally charged as removable, ICE has broad discretion to detain the person pending removal. Some noncitizens are eligible for immigration bond, but many non citizens with criminal convictions are not eligible for release on bond and are therefore detained pending the completion of removal proceedings. There are different types of removal procedures. Many noncitizens receive a hearing in immigration court. At a removal hearing, the immigration court determines whether the non citizen is removable under the charged grounds of inadmissibility or deportability.
Contact our firm to help you:
- determine if any local charges are pending and wether there ius an ICE hold;
- advise you of the beneifits of posting bond on local charges;
- help you fight a violation of the 48 hour ICE detainer;
- file for habeas corpus releif if local authorities violate your civil rights;
- file a bond motion with the immigration court if ICE begins removal proceeds;
- defend against removal proceedings.