Immigration detention affecting Naperville is managed by the U.S. Immigration and Customs Enforcement or ICE. This is the federal agency charged with enforcing immigration laws. Individuals may be held in detention centers if they are suspected of visa violations, illegal entry, or related issues. They may remain in detention until their immigration status is finalized or until the conclusion of removal proceedings
Locating and communicating with an individual placed in Naperville immigration detention could be a challenge. If the individual’s Alien Number is known, that makes the process easier. An immigration lawyer could assist with locating someone in detention, bond hearings and other aspects of immigration detention.
Why ICE May Detain an Immigrant
If the police or other government officers learn that an immigrant has entered the country illegally or violated terms of their visa, they may decide it is necessary to detain the individual because they could pose a danger to the community. This is especially likely if the visa violation involves the commission of a crime.
Detention may also be ordered if someone appears to be a “flight risk”, meaning that he or she might try to move or run away rather than attend removal proceedings. In certain situations, Naperville immigration detention is mandatory because of an individual’s criminal record or other factors.
Getting Out of Detention
When an individual has not committed an act that makes detention mandatory, it may be possible for someone in detention to be released on bond. Through an agent, the person in detention pays a substantial amount of money and agrees to return for future Immigration Court proceedings. If he or she fails to attend any scheduled appearance, the bond money is forfeited. However, if he or she follows procedures and attend court as required, the bond money is returned even if the individual is subject to removal.
An individual may request bond from the ICE. If the agency denies the request, that person may file a motion to seek a bond hearing in front of an Immigration Judge. A bond hearing may also be requested if the amount of bond set by ICE is considered too high. If the Court grants bond, a U.S. citizen or lawful permanent resident must pay the amount and sign a contract before the person in Naperville immigration detention is released.
Length of Immigration Detention
The length of time an individual may be held in detention varies depending on a number of factors. If someone is eligible for bond, the time in detention may be brief.
Where bond is not an option and removal proceedings involve complex determinations regarding eligibility for asylum or other grounds for removal relief, an individual may remain in detention for years. Detention facilities are often subcontracted and the conditions inside often differ from one situation to the next. Overcrowding in immigration detention facilities has become a prominent concern.
Assistance with Naperville Immigration Detention
A knowledgeable attorney could assist in helping an individual in Naperville immigration detention. Those seeking release on bond are advised to present a good showing documenting their connection to the community and commitment to follow through with court proceedings, and an experienced attorney could present persuasive arguments in writing as well as in oral proceedings.
If an immigration detention situation is particularly egregious, an attorney may be able to file a habeas corpus claim in federal court to seek release from detention. In addition, in some cases individuals considered subject to mandatory detention may also be able to appeal that designation and request bond.