ICE HOLD & ARREST - M&A Law Firm

What is ICE?

US Immigration and Customs Enforcement (ICE) as a part of DHS, the law enforcement functions of the US Customs Service, which include investigative and intelligence resources, the Immigration and Naturalization Service, the Federal Protective Service and the Federal Air Marshals Service, were merged into one organization. ICE is the primary investigative branch responsible for identifying and eliminating vulnerabilities in the nation’s border, economic, transportation and infrastructure security. ICE also has authority over illegal immigrant detention and removal.

How does ice work?

1. When a person with foreign descent commits a crime, the jail officials report him or her to ICE.
2. ICE officials check the immigration status of the person, to see if he or she is in the country legally. Officials use fingerprints and pictures for the identification.
3. ICE officials will then evaluate severity of the crime, and will determine if the crime classifies for a ICE hold or not. Normally, crimes like suspicion of homicide, rape or sexual abuse of child, qualify for a hold, and crimes of lesser degree like DUI offense does not usually qualify for a hold.
4. If ICE decides to put a hold on an inmate, the ICE agent will interview the person, and then makes his final decision about maintaining a hold.
5. The person goes through the normal judicial system, and if convicted, serves his or her sentence in the jail.
6. After the end of the sentence, ICE comes to pick up the person to begin deportation proceedings.

What to do if a loved one is arrested and "picked up by ICE?"

1. Go to your local immigration office and find out where immigration detainees are being held.
2. Call the detention site (jail/holding facility), and try to find out if your loved one is in there. Go visit your loved one because he or she might need money for a phone card. This is very important.
3. Get in contact with an immigration attorney. Call our experienced ICE hold attorneys 24/7 for a free consultation at 1-866-789-1664, or 972-789-1664.

What information do you need to know about your loved one’s case?

You should be aware of the following information:

• Your loved one’s “A” number.
• Port of entry.
• Whether there is an active file with USCIS.
• Whether your loved one has any relief.
• Is your loved one bond eligible.
• Date of the bond hearing.
• Date of the removal hearing.
• Date of any other hearings.

NOTE: ICE can hold a deportee for about 3 months. However, under certain circumstances, a person can be held longer than 90 days.

What to do if a loved one is detained by mistake?

Get all the paper work that shows your loved one has permission to stay in the United States (valid visa, LPR, citizen), and get in contact with the ICE officer. If your attempt to resolve this fails, hire a experienced ICE hold and immigration attorney. Your attorney can file a Writ of Habeas Corpus to get your loved one released.

How does someone get deported?

When someone becomes deportable, he or she is given a date to leave the country. This is done in two ways:

1. The deported person is given the freedom (depending on the case) to make his or her flight arrangements.
2. The deported person is escorted out of the United States; typically, he or she will be flown to his or her country via either a government or a commercial plane.

Common problems and complaints about the deportation process

Most foreign nationals complain about the inhumane treatment for those detained and those trying to help, and when you couple the inhumane treatment with lack of information and options, it is no wonder why people get psychologically and emotionally scarred for life.