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ICE Holds and Immigration Bonds. How fast do you need to act?

by | Oct 15, 2015 | Immigration |


If you or someone you know is currently being detained with an ICE hold, this video explains what can be done to be released from custody.

While the frequency or likelihood of an ICE hold varies between each jurisdiction, if you are not a U.S. citizen there is the possibility you could be subject to an ICE hold if you are arrested on suspicion of violating a crime. Local authorities will notify Immigration and Customs Enforcement (ICE) when a non-U.S. citizen has been arrested for violating certain offenses. Once notified ICE may issue a formal request for the local authority to detain that individual so ICE has an opportunity decide whether that individual is removable from the United States. This is often referred to as an ICE hold, immigration hold, or immigration detainer.

If you are subject to an ICE hold, you cannot bond out during your criminal case. Upon conclusion of your case, ICE may interview you and issue you a Notice to Appear, a government document informing you that removal proceedings are being initiated against you to deport you from the country. This could be due to your undocumented status, a violation of a term of your visa, or it could be due to the criminal violation if you were found guilty.

Once placed into ICE custody, you could wait several weeks in immigration detention before a bond is able to be set in your case. Some individuals will not be allowed a bond due to their criminal convictions. Other individuals may be denied bond if they cannot successfully prove to the Immigration Judge that they are not a flight or security risk. You should hire an experienced and qualified attorney to ensure number one: that you do not unknowingly sustain a criminal conviction that will end in your deportation; and number two: to ensure you are prepared for your bond hearing to reunite you with your family as fast as possible.