What an Immigration Hold Means and How It Could Lead to Deportation
Shawn Sedaghat, Esq.
Have you heard about the term “immigration hold” or “ICE detainer”? These terms often surface when someone is arrested or detained by law enforcement and face potential deportation. If you’re wondering what this means and how it could lead to deportation, you’re in the right place. This article will walk you through the ins and outs of an immigration hold, how it connects to deportation, and what steps you can take to protect yourself or a loved one from being removed from the U.S.
What Is an Immigration Hold?
An immigration hold, also known as an ICE detainer, is a request issued by U.S. Immigration and Customs Enforcement (ICE) to local, state, or federal law enforcement agencies. Essentially, ICE asks these local law enforcement agencies to hold an individual in custody for up to 48 hours after their scheduled release. This extra time allows ICE to decide whether to take the person into federal custody for immigration purposes, such as deportation.
This hold typically happens when someone who is not a U.S. citizen is arrested for violating state or local laws. ICE becomes involved to determine whether the individual is in violation of immigration laws and whether they should be placed in removal proceedings.
How Does an Immigration Hold Work?
When someone is arrested by law enforcement—say, for a traffic violation or minor offense—authorities may notify ICE if they believe the individual is not a U.S. citizen. Once notified, ICE can issue a detainer or immigration hold. This means that even if the person has resolved their charges with the local jail, they may still be held an additional 48 hours so ICE can assume custody.
For example, let’s say a person is arrested for a minor traffic violation. They pay their bail, but instead of being released, they are held because of an ICE detainer. During this time, ICE agents will review the person’s immigration status and decide if the individual should face deportation.
Why Are Immigration Holds Issued?
ICE issues immigration holds for several reasons. These include:
- The person has violated immigration law.
- The person is facing criminal charges or has been convicted of a crime.
- The individual is a threat to public safety.
ICE relies on every local law enforcement agency to help them identify individuals who may be in the country unlawfully. The goal of the detention system is to remove individuals who pose a danger or have violated immigration rules, although this system often raises questions about due process and fairness.
Deportation and Immigration Hold: What You Need to Know
An immigration hold does not automatically mean that someone will be deported. It’s the beginning of a process where ICE decides if the individual should be transferred to immigration detention and placed in removal proceedings. Here’s how it works:
1. Transfer to Immigration Detention Centers
Once ICE takes custody of the individual from local law enforcement, they are transferred to one of the immigration detention centers. These centers are where immigrants are held while their cases are reviewed. Some may stay in detention for a short period, while others could remain there for months.
The immigration detention system in the U.S. is extensive, with hundreds of facilities across the country. It’s important to note that many of these facilities are subcontracted to private companies, raising questions about the conditions and fairness of detentions.
2. Immigration Court Hearings
After being placed in immigration detention, the individual will likely have a hearing before an immigration court. During these hearings, an immigration judge will review the case and determine whether the person should be removed from the country.
An experienced immigration lawyer can help argue your case in court and present any available defenses, such as waivers of inadmissibility or cancellation of removal.
3. Expedited Removal
In some cases, individuals can face expedited removal, meaning they are deported without having a hearing before a judge. This can happen if someone is found to have entered the U.S. without proper documentation or if they are accused of using false documents to enter the country. Expedited removal can also apply to individuals who have violated the terms of their visa.
4. Voluntary Departure
In some cases, individuals facing deportation can apply for voluntary departure, allowing them to leave the U.S. at their own expense rather than being forcibly deported. Voluntary departure may have less severe consequences for future immigration applications.
What Can You Do If You or a Loved One Has an Immigration Hold?
If you or someone you know has been placed under an immigration hold, it’s important to take immediate action. Here’s what you can do:
1. Consult an Experienced Immigration Attorney
The first and most important step is to consult an experienced immigration attorney. Immigration law is complex, and having a lawyer who understands the system can make all the difference in your case. Your lawyer can help determine if there are any available defenses, such as filing for a waiver of inadmissibility or applying for cancellation of removal.
2. Gather Supporting Documents
It’s essential to gather any documents that can support your case. These may include:
- Proof of your ties to the U.S. (e.g., family, employment).
- Documentation showing your positive contributions to your community.
- Medical records or evidence showing that deportation would cause extreme hardship to your U.S. citizen or lawful permanent resident family members.
3. Know Your Rights
If you’re being detained, it’s crucial to know your rights. You have the right to:
- Remain silent and not provide additional information to law enforcement that could be used against you.
- Contact an attorney and seek legal representation.
- Request a bond hearing to determine if you can be released from detention while your case is pending.
4. Check Immigration Detention Status
If a loved one has been transferred to immigration detention, you can use the ICE Online Detainee Locator System to find out where they are being held. This system allows families to keep track of their loved ones and stay informed about their detention status.
5. Fight Your Deportation Case
There are multiple legal defenses available to individuals facing deportation, and an immigration lawyer can help you explore these options. These may include:
- Applying for cancellation of removal if you qualify.
- Requesting asylum if you fear persecution in your home country.
- Arguing for a waiver of inadmissibility based on your specific circumstances.
Conclusion: Act Now to Protect Your Future
An immigration hold can feel overwhelming, but it’s important to remember that it doesn’t always lead to deportation. With the right legal strategy, you may be able to fight your case and stay in the U.S. Consulting with an experienced immigration lawyer can help you understand your options, gather necessary evidence, and present a strong case in immigration court.
Deportation can have life-altering consequences, so it’s critical to act quickly. Whether you or a loved one is dealing with an immigration hold, don’t hesitate to seek legal advice and take the necessary steps to protect your rights and future.
FAQs
1. What is an immigration hold?
An immigration hold is a request from ICE to local law enforcement agencies to keep an individual in custody for an additional 48 hours after their release date. This extra time allows ICE to determine if the individual should be taken into federal custody for immigration detention and deportation proceedings.
2. What happens after ICE places a hold on someone?
After ICE issues an immigration hold, the individual is transferred from local law enforcement to ICE custody. They are then taken to an immigration detention center, where they may face deportation or removal proceedings. An immigration court will often decide the case.
3. Can I fight an immigration hold?
Yes, you can fight an immigration hold. By working with an experienced immigration attorney, you may be able to argue your case in immigration court and apply for relief from deportation, such as cancellation of removal or a waiver of inadmissibility.
4. What is the difference between an immigration hold and deportation?
An immigration hold is a temporary detainment request from ICE to local law enforcement agencies, while deportation is the process of being forcibly removed from the U.S. An immigration hold is often the first step in the deportation process but does not always lead to deportation.
5. What should I do if a family member is detained?
If a family member is detained, you can use the ICE Online Detainee Locator System to find out where they are being held. It’s also crucial to consult with an immigration lawyer to explore legal options for fighting the deportation or securing the release of your loved one.