Facing federal custody or arrest by an Immigrations and Customs Enforcement agent based on an alleged immigration offense is always a frightening situation. However, anyone placed on an “immigration hold”—also known as a “detainer” or an “ICE hold”—after being arrested for a criminal offense has options. If this happens, moving quickly to preserve the defendant’s rights is crucial.
If you find yourself in this situation, an experienced Naperville ICE hold lawyer could help you understand why the federal government decided to establish a detainer and outline your options for resolving the situation. Dedicated immigration attorneys could work tenaciously to keep your life on track and minimize the risk of removal from the United States.
Why Would an Immigrant Face Detainment?
If ICE suspects that someone detained by local law enforcement violated federal immigration laws, the agency may order local authorities to continue holding that individual for an additional 48 hours. ICE might use that extra time to confirm whether the foreign national actually committed an immigration offense or transfer the individual into federal custody.
ICE most commonly detains people in Naperville who faced arrest for a separate criminal offense and entered the U.S. unlawfully, a factor that the agency may determine by inspecting arrest records. Alternatively, ICE might implement an immigration hold if police arrest either a lawful or unlawful permanent resident for an offense that would be grounds for deportation.
Finally, ICE sometimes imposes holds against individuals who already had removal orders issued against them and have since faced detainment for a separate criminal offense. An ICE hold attorney in Naperville could explain these possible justifications for detainment in more detail and provide crucial help when it comes to protecting your apprehended family member’s rights.
What Happens After a Deportation Hold in Naperville?
If ICE determines during the hold that the detained individual did not violate immigration law, the agency should release the person with no further penalties. However, if ICE determines that a detained person committed a deportable offense, the agency will transfer the immigrant to a detention center. The individual might remain there until removal proceedings conclude. However, a legal representative could help expedite this process.
Meanwhile, if ICE detains a foreign national because of an existing removal order, the agency might initiate deportation proceedings without giving the detained person a chance to defend themselves. Fortunately, a proactive ICE hold representative in Naperville could push to reopen an immigrant’s original case to challenge the deportation order.
Talk to a Naperville ICE Hold Attorney as Soon as Possible
Making sense of why a loved one faces an immigration hold and determining your options for resolving the issue can quite challenging without a knowledgeable legal representative. Furthermore, you may have substantial trouble contesting the grounds for a detainment if you try to resolve the issue on your own.
Fortunately, a tenacious Naperville ICE hold lawyer could assess the situation, negotiate with customs enforcement, and fight hard for a favorable outcome. Schedule a consultation by calling today.