While the United States Constitution extends various rights and privileges to U.S. citizens, not all of those entitlements are available to lawful permanent residents or people without legal status. Most notably, an immigrant detained by Immigration and Customs Enforcement does not automatically receive legal counsel if he or she cannot retain a private attorney. Unfortunately, being detained by ICE without legal representation greatly increases the chances that an immigrant faces deportation.
No matter the reason for your arrest, reaching out to a Wheaton ICE detention lawyer could be a crucial first step towards protecting your best interests. Once retained, a knowledgeable immigration defense attorney could explain each step that will occur in the ICE detention process and outline your options for early release.
Who Can Pursue a Bond After an ICE Detention?
Depending on the circumstances, an individual detained by ICE could pay a bond to the Department of Homeland Security that would secure his or her release until trial. Similar to bonds for standard criminal charges, the availability and value of immigration bonds depends on whether the judge overseeing the case believes the immigrant in question would flee from the country or endanger a community if released before his or her hearing.
Anyone detained by ICE has the right to request a bond either directly from the ICE office or demand a hearing before an immigration judge. However, individuals detained on suspicion of serious criminal offenses generally cannot implement a bond.
Meanwhile, individuals with financial resources, established community ties, a consistent work history, a lack of prior criminal convictions, and a long history of living in the U.S. can likely pursue a bond.
Finally, someone detained at a U.S. port of entry or border following an illegal entry attempt generally cannot take advantage of an immigration bond unless he or she can reveal a credible fear of suffering physical harm or persecution if someone forces them to return to their country of origin.
Determining eligibility is complex, but a Wheaton ICE detention attorney could help you conclude whether you can pursue a bond for release.
How Can Someone Locate a Detained Family Member?
Anyone trying to help a detained family member get access to legal counsel must determine where his or her loved one is held. Unfortunately, locating a loved one is often a problematic process. ICE frequently moves detainees between facilities with little warning, and their online systems are not always up to date.
Crucial pieces of information to have on hand when searching for a person currently in ICE detention include the individual’s eight or nine-digit Alien Registration Number, his or her birth country, and his or her first and last name. An lawyer in Wheaton could gather this information and help you locate the individual detained by ICE.
Enlist the Help of a Wheaton ICE Detention Attorney
Whether you are facing ICE detention yourself or dealing with a family member’s potential removal, reviewing your options and taking effective action when the stakes are so high can be difficult. Fortunately, dedicated legal representatives could work tirelessly on your behalf to pursue the best possible resolution for your situation.
A qualified Wheaton ICE detention lawyer could outline all your rights and help you proactively contest ICE’s case. Call today for a consultation.