When a family member is taken into custody, and an ICE hold is placed on them, it can be a confusing and stressful experience. ICE holds add a layer of complexity to a legal situation, as they can delay a person’s release and potentially lead to deportation.
If your loved one is facing an ICE hold, understanding the process and how to respond can make all the difference. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
What Is an ICE Hold?
An ICE hold, also known as an immigration detainer, is a request made by U.S. Immigration and Customs Enforcement (ICE) to a local law enforcement agency. After a person is arrested, their fingerprints and personal information are sent to federal databases, where ICE can check their immigration status. If ICE suspects that the individual is undocumented, they can ask the local agency to hold the person for an additional 48 hours after their scheduled release.
This extra time allows ICE to decide whether they want to take the person into custody for deportation or removal proceedings. However, an ICE hold does not necessarily mean that deportation is imminent. It simply gives ICE more time to investigate the individual’s immigration status and determine the next steps.
What Happens If ICE Takes Your Loved One Into Custody?
If ICE decides to take custody of your loved one, they will be transferred to an ICE detention center. At this point, ICE will typically issue a Notice to Appear (NTA), which outlines the legal reasons for initiating removal proceedings.
There are several possible outcomes after ICE takes custody:
- Release on bond: Your loved one may be eligible for release on bail, which is also known as an immigration bond. This allows them to remain free while their case is processed.
- Release on recognizance: In some cases, ICE may release the individual without requiring bail, allowing them to wait for their court hearing outside of detention.
- Mandatory detention: In certain situations, ICE may hold the individual in custody without the possibility of release until their immigration case is resolved.
Regardless of the outcome, it is important to act quickly and seek legal representation from a qualified immigration attorney.
What Happens If ICE Does Not Take Custody?
If ICE does not take custody of your loved one within 48 hours, the local law enforcement agency must release them. The agency cannot legally detain a person beyond the 48-hour window unless ICE has taken action. Additionally, if ICE determines that the individual is a U.S. citizen or is not subject to deportation, they must be released immediately.
It’s important to note that not all local law enforcement agencies are required to comply with ICE hold requests. Some agencies may choose not to honor these detainers, especially if they are not supported by a judicial warrant.
Can Law Enforcement Agencies Refuse to Comply with an ICE Hold?
Yes, law enforcement agencies are not obligated to comply with ICE hold requests. ICE detainers are not judicial warrants, and they are not based on probable cause, which means local agencies can legally deny them.
This gives local law enforcement some discretion in deciding whether to honor an ICE hold. However, the level of cooperation between local law enforcement and ICE can vary, and it’s important to understand the policies in the area where your loved one is being held.
How Can You Help Your Loved One Get Released?
If your loved one is subject to an ICE hold, contacting an experienced immigration attorney is crucial. Chambers Law Firm can assist in several ways:
- Challenge the hold: An attorney can contact the local ICE office and request that the detainer be lifted, especially if there is evidence that the individual is a U.S. citizen or has legal immigration status.
- Provide documentation: If your loved one is a U.S. citizen, an attorney can submit documents such as a birth certificate, passport, or naturalization certificate to prove their status and secure their release.
- Representation in immigration court: If ICE takes custody of your loved one, a lawyer can represent them in removal proceedings, fight for their release from detention, and work toward a favorable resolution.
At Chambers Law Firm, we understand the stress and uncertainty that comes with an ICE hold. We are here to fight for your loved one’s rights and help you navigate this challenging process. Contact us at 714-760-4088 for a consultation and let us work on securing your loved one’s release.
