Did you know that detention by the Immigration and Customs Enforcement (ICE) has become the nation’s fastest-growing form of incarceration? If you are an immigrant who has been convicted or charged with crimes, you can be detained and deported by ICE pursuant to a process known as expedited removal. No bond or opportunity to go before a judge is available.
In 2009, ICE started working with local law enforcement agencies to find illegal immigrants. That means that if you are arrested, your local police officers can report you to ICE depending on your immigration status. Even if you are in the country legally with a green card, you could be deported without any due process if you are convicted of specific types of crimes.
If you are undocumented, some police departments will report you for minor offenses like running a red light or failing to provide proof of car insurance. Once the police contacts ICE, an immigration “hold” is placed on you if you are an undocumented immigrant.
For example, if you are stopped for a DWI (driving while intoxicated) and taken to jail, ICE may be contacted. They may then put a “hold” in place. Next, a plea of guilty or not guilty is entered before a criminal judge. Many confuse this legal proceeding with an immigration proceeding. They are very different from each other. The vast majority pay a bond or enter a plea of guilty in their criminal proceeding, believing that they will be released immediately. However, if you are undocumented, at this point, you will likely be transferred to immigration and detained while you wait for removal proceedings (deportation hearing) before an immigration judge, unless you are rushed through the system and put on a bus to Mexico (if you are Mexican).
Immigration Bond
If you are detained, you may be able to use an immigration bond to get out of jail while waiting for your hearing. To be eligible for an immigration bond, you must not be a danger to property or persons and must not be a threat to national security. Your criminal history is also taken into consideration.
ICE may make a determination to release you on bond, or on conditional parole. As long as you remain in custody, the immigration hearing procedure must be repeated every six months if you make that request.
If you are detained by ICE, legal assistance and representation are crucial for asserting your rights and seeking release from custody. Non-citizens may be arrested and detained without Miranda warnings. In the absence of legal help, self-incrimination on the part of the detainee and abuse of process on the part of the authorities are not unheard of.
Donnelly & Associates accepts immigration bond cases and can negotiate a bond deal with ICE that may save you thousands of dollars. You will not get this deal if you represent yourself or work with a less experienced lawyer in view that most lawyers elect not to fight for relief, for instance, cancellation of removal or asylum, and will agree to Voluntary Departure.
If you or a loved one are undocumented and charged with a crime, or detained by ICE, please call us today so that we may start working immediately to prevent deportation or an unnecessarily long detention. We will go the extra mile for you because we believe our most important purpose is uniting families.