Immigration Holds

WHAT IS AN IMMIGRATION HOLD?

Once a non-citizen is arrested on criminal charges, many times they will see an immigration hold, also known as an immigration detainer, show up.

An immigration hold is a notification from ICE to the jail that they intend to take the person into custody once they are released from the custody of the jail. The hold means that once someone is released, ICE has 48 hours to come and pick the person up and transfer them to ICE custody. You should never count on ICE missing that 48 hour deadline – in large metropolitan areas, they never miss it.

What does it mean to be released from custody? It means that you paid your bond, charges were dropped, or you finished serving your sentence. If you have been placed on any type of electronic monitoring as part of your release conditions, you will not be released from criminal custody and ICE will not come pick you up. You will just be in limbo.

In rare occasions, immigration holds are placed on people in error. If you have a valid status and are not removable, there can be ways to get the detainer lifted. This, however, is extremely rare.

WHAT KIND OF STRATEGIC PLANNING IS AVAILABLE?

1. Determination of whether or not you will be eligible for a bond. Although the laws are constantly changing and making it harder and harder for non-citizens to get immigration bonds, some people will qualify for a bond once they are detained by ICE. It is important that you speak with an attorney who is experienced in both immigration and criminal defense to assess the possibility of release on an immigration bond.

2. Is it possible to get the charges dismissed or reduced when the State Attorney is making a filing decision? Sometimes you will have to be mentally prepared to sit in custody for a few weeks in order to get the best result for your criminal case in a way that won’t harm your immigration status.

3. Sometimes you have to sit in custody and fight your criminal case. Immigration law is very specific about who can be ordered removed from the country (even lawful permanent residents) and you have to address your criminal case carefully. However, a great deal for a criminal case may not be a great deal for someone who is a non-citizen. You have to carefully plan the course of action with any pending criminal case.

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WHAT TO DO IF YOU ARE ARRESTED ON AN IMMIGRATION HOLD

WHAT IS AN IMMIGRATION HOLD?

WHAT KIND OF STRATEGIC PLANNING IS AVAILABLE?

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