Being detained by immigration officials is incredibly harrowing. And it brings up a lot of different questions about what’s happening to you. Outside of your legal rights, the most basic question is simple: how long will it take to process me? The answer depends, and it’s really a question of the conditions you’re being kept in. One way or the other, our team at Maison Law Immigration Lawyers can help you and your family. Reach out today for a one-on-one consultation.
How Long Does Processing Take When I’m Detained by Immigration in California?
Much of the media attention around being detained by immigration is focused on the initial arrest—and with good reason, given how dangerous that part is. But after that initial part comes actual processing. And there’s a lot of unknown there—-including knowing how long it takes.
Even though it’s not technically criminal law, being detained by immigration follows a similar process. Generally, though, here’s what’s involved in processing:
- Initial booking. Once you’re detained, you’re going to be taken to a detention facility for booking. This should be a local one, but it’s ultimately up to who detains you. But once you’re there:
- Fingerprints and photos are taken.
- Officers check your immigration history.
- A decision is made about whether to hold you, release you, or transfer you.
ICE has to make a decision about what to do fairly quickly. Usually, booking takes between 2 to 3 days, but again, if you get transferred, that’s going to add a lot of time.
- Bond hearing. Once you’re booked and land in a facility, you can try to ask for a bond hearing with the Executive Office of Immigration Review (EOIR). If a hearing is accepted, you’ll go before a judge in a few weeks. If bond is denied, you’ll go into mandatory detention—basically becoming an inmate. That’s not the end of the story, though.
- Release. If you get a bond hearing and it’s successful, your release isn’t immediate. There’s still paperwork and further processing, which can stretch into weeks or months.
Ultimately, the details matter. It comes down to which agency detains you and where they take you. Certain detention facilities are busier than others, and that can leave you lost in the shuffle. But again, you’re not without options and not without help.
Is There Anything I Can Do to Make My Detention Go Quicker?
This is the biggest question a lot of people have—and rightly so. Being detained in this political climate is a lot different than before. And while you don’t have a lot of control over the process, there are things you can do to make it go quicker:
- Ask for a bond hearing and make your case before a judge.
- Keep your paperwork organized, especially when it comes to your passport, immigration paperwork, and anything else that shows what your status is.
- Respond to requests quickly. ICE or USBP can ask that you provide documentation and then they review it. The quicker you have that ready, the quicker the review can go.
- File a lawsuit. In some cases, when detention stretches on for months without progress, you can try to challenge it in federal court. Keep in mind, though, you’ll likely remain detained during this process and any court action is going to take a long time.
Even when everything is done right, immigration detention doesn’t move as quickly as people hope. It all comes down to the specifics, from who detains you to where they take you. But no matter what your situation is, our team can help you.
Get Help From Maison Law Immigration Lawyers After Detention in California
There’s no immigrant in California that wants to be detained. Unfortunately, today’s political reality is harsh and immigration services has a lot of latitude when it comes to detaining people. But there’s still a process in place and our team at Maison Law Immigration lawyers can help you by:
- Explaining your options
- Helping you respond to requests
- Representing you in bond hearings
- Making sure your detention doesn’t stretch out longer than it should
Don’t wait—if you’ve been detained in California, reach out today for a consultation.
