While immigration detention procedures are usually reserved for undocumented immigrants, lawful permanent residents (LPR) may also be subject to detention if they are accused of certain non-violent or misdemeanor offenses. Anyone accused of an immigration violation in the state of Illinois may be subject to detention in one of the several facilities operated by or in conjunction with the federal Immigration and Customs Enforcement (ICE) agency.
It can be difficult to know what the next step is if you or a loved one have been detained by ICE and moved to the county jail for a violation of U.S. immigration laws. Fortunately, you do not have to handle this situation alone. A qualified lawyer could help you understand the conditions of Bolingbrook immigration detention and what your rights and options are during this process.
As a federal agency overseeing immigration-related matters, ICE has the authority to arrest anyone suspected of violating immigration laws. When ICE detains an undocumented immigrant or LPR, they will usually hold the person in a processing center. For immigrants detained in Bolingbrook and around the Chicago area, this center will most likely be the one located in Broadview, Illinois at 1930 Beach Street.
After processing, a detainee will usually be transferred to one of a handful of local county jails with which ICE has a contract. The three county jails that ICE contracts within the state of Illinois are the Jefferson County Jail in Mount Vernon, the Pulaski County Detention Center in Ullin, and the McHenry County Adult Correctional Facility in Woodstock—the last of which is the closest geographically to Bolingbrook.
While bond is available to some immigrants detained in these facilities, many are subject to mandatory detention until the conclusion of their criminal case. An immigration attorney could work on behalf of a detained immigrant and their family to advocate for pre-trial release and ensure their legal rights are respected.
Two sets of standards govern the conditions under which undocumented immigrants and lawful permanent residents may be detained in Illinois county jails: the National Detention Standards (NDS) first established in 2008, and a 2008 update to the NDS known as the Performance-Based National Detention Standards (PBNDS). McHenry County Jail is subject to the terms set out in the PBNDS, while all other ICE detention facilities in the Chicago District are still bound by the NDS.
Both sets of standards guarantee a number of basic rights to Bolingbrook immigrant detainees, including regulations for what these facilities must provide in terms of nutrition, clothing, bedding, and recreation. All facilities in Illinois are also supposed to allow at least some form of family member visitation for detainees, and most allow family members to speak with detainees on the phone, send them mail, and add money to their commissary accounts.
Unfortunately, ICE facilities have been known to violate the rights of detainees in the past, as reported by the National Immigrant Justice Center. An immigration lawyer could help a detainee or their loved ones get in touch with the NIJC or their federal Congressional representatives to report violations and discuss their legal rights.
Being detained as an undocumented immigrant or legal permanent resident of the United States is not the same as being detained as a U.S. citizen. Immigrants are often held for months at a time without cause, and many struggle to have their cases heard and their best interests effectively protected.
Seeking help from an immigration lawyer may be crucial if you or a loved one find yourself subjected to immigration detention in Bolingbrook. To discuss your case with a compassionate legal representative, call today.