If you or a loved one were recently detained by Immigration and Customs Enforcement (ICE), you may have difficulty contesting detention without professional legal help. ICE has a great deal of leeway when it comes to detaining undocumented immigrants and lawful permanent residents (LPRs), and release on bond is often unavailable for people in custody.
Wheaton immigration detention is a serious matter, so you should take swift action to secure your legal rights as soon as possible after an ICE arrest. A qualified immigration lawyer could help you understand your options and advocate tirelessly on your behalf through your or your family member’s case.
What Happens When Someone is Detained By ICE in the Wheaton Area?
When someone is detained by ICE, they will first be taken to the nearest field office, which for Wheaton and Chicago-area residents is usually the processing center in Broadview, Illinois. Then, the detainee will be transferred to one of several county jails in the vicinity, where they will be held until their bond is paid or, in many cases, until their trial concludes.
There are three such detention facilities in the state of Illinois that have contracts with ICE that allow them to hold undocumented immigrants and lawful permanent residents. The facility that is geographically closest to Wheaton is the McHenry County Adult Correctional Facility in Woodstock, Illinois, and the other two facilities in the state are the Pulaski County Detention Center in Ullin, and the Jefferson County Jail in Mount Vernon. Family members of detained immigrants should be able to use ICE’s Online Detainee Locator System to determine where their family member is being held.
Mandatory Detention Under Certain Circumstances
While some immigrant detainees may be allowed to pay a bond and leave until their trial, many are subject to mandatory detention based on the specific offense they committed, their immigration status, and the circumstances under which they were detained. In general, any immigrant who has previously been convicted of certain removable offenses must be held without bond until their trial date, in accordance with the Immigration and Nationality Act.
Can Someone Who Has Lawful Permanent Resident Status Be Detained by ICE?
If a detainee is a lawful permanent resident who overstayed their visa or who otherwise entered the U.S. legally, they may be subject to mandatory detention if they were previously convicted of any aggravated felony, a crime involving firearms or controlled substances, or any two Crimes Involving Moral Turpitude. The standards are even stricter for LPRs returning from a trip abroad, people seeking legal admission, or undocumented immigrants. Drug trafficking, domestic violence, and prostitution convictions would be additional grounds for mandatory detention, as would any single Crime Involving Moral Turpitude or two or more convictions of any kind resulting collectively in at least five years of imprisonment.
An immigration lawyer could help a detainee or their family member explore their options for contesting mandatory detention in their particular situation. They could also help file a grievance against ICE regarding any mistreatment a detainee experience while incarcerated.
Contesting Immigration Detention in Wheaton
Being detained by ICE is an immensely stressful experience, especially if there is no option presented for release on bond. With mandatory detention in effect, even preparing for your or your family member’s case effectively may be difficult, as will achieving a positive final outcome.
Help from an immigration lawyer could be crucial to efficiently and proactively address Wheaton immigration detention. Call today to learn more about your options or to schedule a confidential consultation with a legal representative.