If you’re taken into custody by the police, they must charge you with a crime in court within 48 hours (not counting weekends and holidays) or else release you. If the police to file criminal charges, then you must still be released if the charges are dropped, you are granted and post bail, you win your criminal case, or you complete your sentence. Even then, the police or jail will hold you for an additional forty-eight hours if Immigration has placed a “detainer” on you. If Immigration has not picked you up inside of this forty-eight hours, then they must release you. If the police don’t file criminal charges AND if immigration doesn’t file a detainer, call us to help you get released from police custody.
They can write a requirement letter to the jail or the law officer.
DO NOT volunteer data concerning your immigration standing to the policeman. Do not lie! Say only: “I wish to talk with my lawyer” don’t sign any documents before a lawyer has reviewed them.
You have a right to not sign any statements or documents, especially ones giving up your right to a hearing in front of an immigration judge. If necessary, say you want to speak to a lawyer first. Do NOT volunteer information about your immigration status. Anything you say is going to be used against you afterward.
After you’re in custody, you’ll be placed in a jail or temporary process station where you’ll be fingerprinted and interviewed. (Sometimes, some paperwork happens throughout the arrest.) After being processed, you will be assigned a deportation officer. Write down the name and phone number of the officer assigned to detained by ICE.
Your immigration officer ought to provide you with a document, referred to as a Notice To Appear (NTA), which contains the immigration, charges against you. This document can assist you or an attorney understand your case. Make sure to request the document if it’s not given to you inside of seventy-two hours of your arrest.
Make sure that you have your “A number” (alien registration number (A99 999 999), found on your green card or documentation provided by immigration). If you do not have your ARN with you, call a family member that can provide your ARN. If you have never received an “A RN,” you’ll be assigned one after you are processed at the reformatory, and you should ask the deportation officer for this number immediately.
Where will I go?
Shortly afterward, you’ll be moved to either an immigration reformatory, local jail, or a military base where you may be kept in during your immigration case is being worked on. While detained, you may be transferred to out-of-state facilities. You could be transferred during the middle of the night, therefore keep a duplicate of all of your legal documents with you at all times. If your papers are being held with detention/jail, remember to ask the employees for your legal papers right away once you hear that you just are being transferred. If you’re thinking that you will be transferred to a reformatory faraway from your home, and you have an immigration lawyer here, your lawyer may file immigration form G-28 with the Department of Homeland Security.
Do I get a telephone call?
You have the option to make a call once you’re detained. Memorize the contact information of your lawyer, family member, friend or union spokesperson, and contact him/her immediately. Your phone calls may be blocked. If you’ve got a hard time reaching your family or lawyer, ask jail staff if they have blocked the number. Also, have your family contact their current phone company to confirm positively that they will be able to receive phone calls from the reformatory or jail.
How do I get out of detention? Ask for a bond!
What is a bond? A bond is a quantity of money paid to the govt as a guarantee that allows you to attend all hearings and conform to the judge’s final order. You have to pay the full amount. A bond must be paid by cashier’s check or a bank money order, payable to the Department of Homeland Security. The person paying the bond should have some type of immigration process in place and identification. He/She will pay the bond at any ICE location. Sometimes individuals are released without having to pay the bond. This is referred to as “release on your own recognizance.” You must comply with the terms of release, otherwise, you risk being redetained. This is sometimes granted to people with special conditions, like pregnancy.
Do I get a bond hearing? You should always request a bond hearing! You may not be eligible for the bond if you:
- Have a previous deportation order.
- Have certain criminal convictions.
- Were arrested at the border/airport or the government suspects you have terrorist ties.
What if I have a criminal record?
You should get a duplicate of your criminal history and have an immigration lawyer knowledgeable about in deportation review it to ascertain if you’re eligible for bond.
West Palm Beach immigration attorney
At Rivera Law Office, we can provide you with expert representation to resolve your immigration issues and to ensure the best outcomes for you and your family. Please contact us at 561-651-9322 to discuss your case in details.
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