In 2003, the United States federal government created an enforcement agency responsible for arresting, detaining, and deporting individuals suspected of violating immigration laws. The agency is known as the Immigration and Customs Enforcement Agency—or ICE for short—and housed under the federal Department of Homeland Security (DHS). When this group of law enforcers suspects a violation of the law, they can arrest, detain, and attempt to deport (“remove”) a person who is not a U.S. citizen.
If immigration authorities detain you or a family member, it is important to act quickly, especially if you—or your loved one—were deported from the U.S. previously or have an outstanding removal order. In some cases, a detainee can be removed within a few days, or even hours, of the initial detention. Hiring a dedicated attorney to help you combat Oak Brook immigration detention could be critical to your future and that of your family.
What is Immigration Detention?
Immigration detention looks different depending on how long the detained individual has lived in the U.S., whether he or she was detained near or far from the border, and whether the person has a legitimate claim of asylum or some other form of legal relief.
Some individuals are not entitled to a hearing with an immigration judge following detention, and their removal may be “expedited,” meaning they would be sent to their home country quicker than normal. Many others may be formally detained, sent to a detention center, and forced to go through a lengthier deportation (removal) process.
If the person is not removed immediately, the federal government might decide to launch a formal case against him or her. He or she could be sent to a detention center and served with a charging document called a Notice to Appear, or NTA. This is an official document that lists the alleged laws that were violated.
The NTA would also carry a very important number assigned to the detained individual. This number, known as the Alien Registration Number or “A-number,” is how ICE and the immigration court system refers to the individual and the case. A typical A-number has eight or nine digits and is found at the top portion of the NTA. With this A-number, the detained person should be able to figure out if and when there is an immigration court hearing scheduled for him or her.
If you or a loved one are currently detained or anticipate immigration detention, you are not alone or without options. A skilled attorney in Oak Brook could help you assess whether you can qualify for a bond, which would ensure your temporary release from detention.
What are Your Rights During Detention?
Anyone detained by immigration officials has certain rights during his or her formal removal proceedings. The detained individual should be properly served with the NTA, and the charges made against him or her should be clearly noted. Proper signatures on the NTA are required, and there should be at least ten days between the service of the NTA and the detained person’s first immigration hearing.
The court should provide interpreters that speak the detained person’s native language during any hearings before an immigration judge. If the government fails to properly protect a person’s rights during the immigration detention process, his or her Oak Brook immigration attorney could work to hold the government accountable.
Call an Attorney Today for Help with Oak Brook Immigration Detention
Depending on the circumstances, removal from the country can take place in a matter of days or drag on for years. Each case presents a separate set of facts that can work to the advantage or disadvantage of the detained individual.
No matter what, though, you have the right to call and retain an experienced attorney if you expect Oak Brook immigration detention. Unlike how they would for a citizen, the government will not provide you with legal counsel if you are a green-card holder, so it may be extremely important that you call today to discuss your case and figure out the best route forward.
Contact us today to discuss your case.