When law enforcement arrests someone based on suspicion of criminal behavior, they have the authority to detain that person in local or state custody before a trial if the individual chooses not to pay bail. However, when someone without lawful status as a U.S. resident gets arrested, he or she might face even longer detainment prior to being transferred into the custody of Immigration and Customs Enforcement (ICE).
Whether referred to as an “immigration hold,” a “detainer,” or an “ICE hold,” this form of imprisonment without trial can make it difficult for undocumented individuals to enforce their rights, especially if they do not seek an experienced immigration attorney. If you or one of your family members is dealing with this complication, retaining an Aurora ICE hold lawyer could help protect your family’s rights and best interests.
Regardless of the reason for the initial arrest, law enforcement authorities may place an immigration hold on any person who they suspect violated federal immigration law. A hold means the arrested individual has to stay in custody for a maximum of 48 additional hours.
Depending on the circumstances, an ICE hold may stem from someone allegedly committing a crime that could constitute grounds for deportation even if they are a lawful permanent resident. An immigration hold could also originate from an existing order for removal that predated the defendant’s current arrest. It might even happen when an ICE agent finds someone without lawful status while reviewing arrest records. If a subsequent ICE investigation unveils no evidence of the detained person violating immigration law, the individual should be released after 48 hours.
However, if ICE does find grounds for deportation, the agency will facilitate the detained person’s transfer to federal custody and immediately begin removal proceedings. Likewise, if a hold stems from an unfulfilled prior removal order, DHS may begin removal proceedings without scheduling a hearing for the detained person. However, an ICE hold attorney in Aurora could intervene quickly on behalf of the detained immigrant and attempt to reopen the case.
Unfortunately, trying to help someone subjected to an ICE hold can be challenging for many reasons. One of the largest issues is that for many, ICE is not a dependable source of consistent information. For instance, the agency operates an online detainee locator tool, but it requires personal information that loved ones may not always have. The database is also usually out-of-date since ICE transfers detainees between facilities without warning.
Because of these unfortunate facts, people should contact a knowledgeable Aurora lawyer immediately after learning about an ICE hold, regardless of the circumstances. Similarly, it is extremely important for detained individuals to refrain from signing or saying anything that could constitute an admission of guilt until they have a chance to speak with legal counsel.
Getting out of an immigration hold is often a key first step to effectively fighting back against removal from the United States. However, federal laws and immigration policies enforced by ICE can make defending yourself more difficult than it should be, especially for individuals who do not have legal representation.
Fortunately, a tenacious Aurora ICE hold lawyer could provide invaluable assistance during this high-stakes situation. Call today to learn more.