Being detained by U.S. Immigration and Customs Enforcement (ICE) is one of the most frightening things a non-citizen can experience. Some may be there because they are undocumented, but even documented non-citizens can be in ICE custody because of violations of state and local law.
For many non-citizens, the biggest fear under these circumstances is facing deportation. However, even the detention process itself can be traumatic. ICE detention may be local or in other areas, which can separate people from their families, making it more challenging to coordinate visits and even a defense.
One of the most challenging aspects of ICE detention and removal proceedings is their uncertainty. A Lombard immigration detention lawyer could help you navigate the process and remove some burden. Call our law office today to speak with a seasoned immigration attorney.
While ICE detention is a legitimate fear for any undocumented immigrant, some people are at higher risk than others. ICE can arrest and detain individuals who have criminal convictions or are facing criminal charges.
However, someone does not have to be charged with or convicted of a crime to be subject to ICE detention. ICE can detain people for the following:
ICE may detain migrants through several means. They could coordinate with local law enforcement to get notifications if people subject to removal are arrested or charged with a crime. They may also engage in workplace raids and highway stops, or detain individuals staying in the United States despite being subject to a final removal order.
In other cases, ICE may arrest people visiting immigration offices subject to removal proceedings or deportation. Regardless of the reason for detention, an immigration lawyer in Lombard could help.
As soon as someone knows they are facing potential detention, they should consult a lawyer. Legal counsel will try to determine if the person is eligible for a bond. If so, they could arrange for release while working on the defense.
Not everyone is eligible for an immigration bond; even if they are, the conditions may vary from those of a typical bond. The individual who deposits the bond, also known as the obligor, must be a state resident with proof of their immigration status. They pay the bond to the Department of Homeland Security.
Most people will be eligible for a bond. However, those with serious criminal charges, a history of not reporting to court or for removal proceedings, or a prior history of detention may be ineligible. The immigration authorities may also consider those factors when setting a bond amount. A Lombard immigration detention attorney could argue for a reduced bond if a detainee cannot make one.
One of the most effective defenses is to seek cancellation of the removal proceedings. This option is only available to lawful permanent residents with a long-term residence history.
While a person is typically removed after a criminal conviction, this process allows them to ask for a second chance. It is only available for certain crimes and not for someone charged with an aggravated felony.
Another type of cancellation may be available for people who have lived legally in the United States for at least ten years and have an excellent record. They can challenge a deportation proceeding on the basis that their deportation would create an undue hardship for family members who are lawful permanent residents or U.S. citizens.
Detainees can also ask for a waiver of a deportation proceeding. Some parties who would be entitled to special consideration include:
An immigration detention lawyer in Lombard could help detainees explore their options.
When ICE detains you or someone you love, this does not mean automatic deportation or long-term detention. You have the opportunity to defend yourself in these proceedings.
Contact legal counsel immediately and refuse to answer questions, sign statements, or participate in an investigation until they are present. To learn more, schedule a consultation with a Lombard immigration defense lawyer at Godoy Law Office today.
