If a friend or family member has been arrested and detained by Immigration (Department of Homeland Security), or has an “Immigration Hold” placed on him, he or she has the right to contact an immigration attorney.
What is an “ICE hold”?
When an immigrant is arrested by the police and booked into a facility, his name is run through a system to determine his immigration status. If it is found that he lacks legal immigration status, or that there may be grounds to take away his permanent residency, U.S. Immigration and Customs Enforcement (ICE) will place an “immigration hold” on the individual. This means that the jail will hold the individual until Immigration has determined whether they believe he should be put into removal (deportation) proceedings. They are rules on how long a person may be legally held.
It is best to consult with Aretz & Chisholm Immigration for more in depth information and details if you know of someone who has an ICE hold. Once an immigrant is being detained by ICE, Aretz & Chisholm Immigration can help him be released on bond, so that he can be with his family while fighting his immigration case.
What Happens Once I’m Transferred to the ICE detention facility?
Upon arrival at the immigration detention facility, most detainees will be given a bond, set by the local Immigration District Office. Although the majority of detainees are eligible for bond, there are certain situations in which the person is subject to mandatory detention, and therefore is not eligible for a bond. An immigrant may be subject to mandatory detention if the person has been convicted of certain crimes. The minimum bond the immigration judge may give is $1,500, but the bond can be much more ($10,000-$50,000).
What Can I Do to Fight My Immigration Case Once I Am Given A Bond?
Generally you have one of a variety of options:
– Pay the bond set by Immigration (see below on how to pay an immigration bond);
– If your bond is too high, or if you are told you are ineligible for a bond, you may ask the immigration judge for a “Bond Hearing” also known as a Custody Redetermination Hearing (to review your bond);
– Write to your deportation officer asking for permission to be involved in the Intensive Supervised Appearance Program (ISAP), a monitored ankle bracelet program which allows you to leave the detention facility without having to pay a bond;
– Fight your case from within the detention facility;
– Accept deportation or request voluntary departure.
How Do I Post an Immigration Bond?
If an individual has been granted a bond by ICE or by the immigration judge, anyone with legal status may pay the individual’s bond with U.S. Immigration and Customs Enforcement, Detention and Removal Operations (ICE-DRO) at any time prior to a final decision being issued in the individual’s removal/deportation case.
A bond may be posted by paying a cash bond or posting a surety bond. Anyone 18 years of age or older who presents proper identification and proof of valid, lawful immigration status and a valid address may post the bond. The person posting the bond must bring with them (1) the Immigration Judge’s Order, (2) identification, and (3) proof of valid, lawful immigration status to the closes Immigration & Customs Enforcement office. For Colorado, the address of this office is: 12445 E. Caley Ave., Centennial, CO 80111. You can pay the bond Monday through Friday, 9:00 a.m. to 2:30 p.m. (it is best to arrive before 2:00 p.m. to be sure that you are able to pay the bond that day.
Contact Aretz & Chisholm Immigration if someone you know is being held in Immigration Custody, and you want legal advice and compassionate and aggressive representation on their behalf.