What is the difference between being detained by immigration authorities and a criminal arrest?
Detention by immigration authorities is a civil administrative process, while a criminal arrest is governed by criminal laws. Immigration detention involves ICE taking someone into custody to initiate immigration proceedings for potential removal from the country. Unlike criminal proceedings where legal representation is provided if needed, individuals in immigration detention are not entitled to a court-appointed attorney, although it is highly recommended to seek legal counsel.
 |
 |
 |
 |
 |
 |
What should families know about locating a loved one in immigration detention and understanding the initial processing timeline?
After a person is detained, it typically takes 48 to 72 hours for them to be processed, including fingerprinting and system entry. During this initial period, little information is available. Families can use the ICE detainee locator online tool after 72 hours to find out the whereabouts of their detained family member by entering their name, date of birth, and country of origin.
What factors do immigration judges consider when determining if a person is eligible for release on bond?
Immigration judges assess three main factors when deciding on bond release: the individual’s flight risk (likelihood to appear for court hearings), potential danger to the community based on criminal background, and community ties (such as family connections and support for defending against deportation). Meeting these criteria increases the chances of being granted bond, although actual bond grant rates can vary.
What are some alternative release options to traditional bond, and when might these options be considered?
Alternative release options like parole and supervision were once available but have become scarce under the current administration. Parole, order of supervision, and ankle monitoring used to be options, but now bond is the primary means of release. Due to policy changes, individuals previously on supervision may now also face physical detention.
What are common mistakes that families make when dealing with a loved one’s detention, and how can they avoid these errors?
A common mistake is making hasty decisions without consulting a licensed and experienced immigration attorney. Rushing into signing voluntary departure or trusting unqualified individuals can have serious consequences. Seeking proper legal advice and guidance before making any critical decisions is crucial to navigating the complex immigration system effectively.
