Constant changes in immigration make it crucial to know the steps to take if a friend or family member is detained by ICE. Understanding immigration detention can seem daunting, but it helps protect your loved ones’ interests. This guide covers the essential steps to follow if a non-citizen friend or family member is detained by ICE.
Why the U.S. Government Detains Immigrants
They are detained for various reasons as the US policy implementers due to health risks, violence, and flight risks. The following are reasons why immigration detention may take such a complicated form: Knowing these reasons will assist you in addressing the issue of immigration detention.
Flight Risks and Public Safety Concerns
The government detains immigrants it believes are likely to flee, often in anticipation of deportation. Immigrants might switch locations within the U.S. if they’re unhappy with their deportation proceedings. Additionally, authorities detain immigrants they see as a public threat.
Common Reasons for Detention
Immigration detention can be triggered by several factors, including:
- It can be committing a crime, or multiple crimes simultaneously.
- Attempting to cross the border or entering without a visa in an attempt for asylum or refugee status.
- Is on grounds where a person has an outstanding removal (deportation) order whether it is a current or a former one.
- Having erroneously omitted prior immigration hearing dates for the respondent.
Family members of immigrants are sometimes briefly detained and constantly search for details about their relatives’ release or when to return for them.
Duration of Detention
- Average Length: The average duration of detention varies significantly. As of recent reports, adults held by ICE spent an average of 55 days in custody, while some individuals may be detained for over six months during their immigration court proceedings.
- Family Detention: Families are often separated upon detention, with mothers and minor children placed in different facilities from fathers and older children. Families typically face a maximum detention period of 20 days under the Flores Settlement Agreement, although many remain detained longer due to various legal processes.
Conditions of Detention
- Facilities: Detainees are held in a variety of facilities, including private prisons, local jails, and dedicated ICE facilities. Many detainees report poor living conditions, including inadequate medical care and lack of access to legal resources.
- Treatment: There have been numerous reports of human rights abuses in detention facilities, including medical neglect and harsh treatment. Detainees often wear uniforms and wristbands similar to those in criminal jails.
What to Do After Learning a Foreign National Has Been Detained
It is thus crucial to be informed when a friend, relative, or any other loved one has been detained by ICE. The following steps can help you find information about their whereabouts:
Utilize the ICE Detainee Locator Website
IRAICE helps locate detainees. You need the Alien Number (A#), found on a green card, work permit, or deportation papers. If you don’t have the A#, use the person’s birthdate, country of birth, and name in ICE records. Be prepared to adjust name spellings if needed.
It’s important to note that the website may not have the latest information, especially for detainees who were detained a while ago. Additionally, it lacks details on detainees under 18. In these cases, contact the ICE Enforcement and Removal Operations (ERO) field office where the detainment occurred.
Contact the Assigned Deportation Officer
Detainees might be booked into an ICE detention center or a local prison with an ICE contract. Each case has an assigned ICE deportation officer. For issues, or concerns, or to address the detainee’s condition, contact the deportation officer.
Consider Legal Assistance
Sometimes, dealing with ICE officials can be challenging. If you face this or have sensitive information about the detainee’s health, consult an immigration lawyer. They can provide the deportation officer’s contact info and help communicate with them.
As amply illustrated here, it is unsafe to share with the detainee details such as their country of origin or immigration history because these details may come back to haunt them in immigration court.
The Role of the Deportation Officer in a Foreign-Born Detainee’s Case
Every detainee is to be provided with a deportation officer who is endowed with essential powers in the overall deportation decisions as regards the detainee concerned. This would result in an understanding of the role played by lawyers during the immigration process hence facilitating better decision-making.
Exploring Release Options
Deportation officers may offer different forms of release, including, for instance, voluntary return or stipulated removal. These are some of the ways a detainee may take, and it is crucial to look at them, especially voluntary departure, since it may not allow a detainee to have other opportunities, for instance, asylum or cancellation of removal.
Seek Legal Counsel
Immigration law is complex and often ambiguous, so only a professional can manage it effectively. Immigration attorneys can provide crucial information on relief options that deportation officers might not share. It’s wise to consult an attorney to protect the detainee’s rights.
Conditions in U.S. Immigration Detention Facilities
It’s crucial to understand the conditions in immigration detention centers to ensure the well-being of immigrants. Each facility varies in layout, overcrowding, amenities, and whether detainees are mixed with state prisoners.
Access to Medical Care
Detainees need proper medical care, and it’s ICE’s job to provide it. Whether it’s medication after surgery or glasses, ICE must ensure they get what they need. If ICE fails to meet these needs, consider hiring an immigration attorney.
Getting the Person Out of Detention While Awaiting Further Action
Stan has done a good job of explaining the issue and the steps that one can take if his or her main goal is the release of the detainee despite the consequences that are likely to emanate from it.
Understanding Bond
ICE might schedule a bond hearing, like bail in criminal cases, to ensure the detainee attends court and follows rulings. Sometimes, a person won’t get a bond and will stay in custody until the immigration judge decides on their removal.
Requesting a Bond Hearing
The court may require you to pay a bond, and if you think the amount is too high or unaffordable, you or your lawyer can request a bond hearing to contest it. This hearing allows you or your representative to argue for a release and a reasonable bond amount. The hearing can be scheduled at any time, except during the initial summons hearing.
At the bond hearing, the immigration judge assesses the detainee’s likelihood of attending future court dates and their risk to public safety to set the bond amount. Bonds typically range from $1,500 to $20,000.
Legal Status and Pickup
To pay the bond on behalf of the detainee, one must be a legal resident of the United States and present;
A picture identification. Finally, when dealing with detainees, you may have to organize some form of transport for the detainee on his or her release.
The Immigration Court Process
It is a slow process, generally taking several months or even years in the Immigration court setting. It is important to appreciate in advance the nature and probable timings of relief that might be offered.
Master Calendar and Individual Hearing
The Master Calendar hearing involves multiple cases scheduled simultaneously. Here, immigrants defend themselves and seek protection against government allegations. If the Detention Review results in a relief claim, an Individual Hearing is scheduled for the specific detainee.
Potential Relief and Timelines
The removal process can take from months to years, depending on relief options and court conditions. Detainees might face long detention periods, so it’s crucial to explore all relief options and seek help from an immigration lawyer if needed.
Navigating the immigration detention process can be challenging and emotionally taxing. Staying informed about your loved one’s rights and the available legal options is essential. Remember to act promptly, seek legal counsel when necessary, and advocate for the well-being and legal rights of your detained friend or family member.
In a time when immigration policies are subject to change, your proactive efforts can make a significant difference in the outcome of their case.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for a Business Visa or an Immigrant Investor Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients navigate U.S. Immigration Detention and secure the visas/permits they need. Call us today at +234 812 5505 986 to learn how we can assist you.
