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Immigration Detention Process

Immigration Detention Process

Immigration Detention Process

In the US, non-citizens can be arrested for various reasons and placed in Immigration Detention. The detention of immigrants in the US is different from being arrested and simply going to any holding facility. The process prior to and after detention is different as well. Many people who find themselves detained do not have the access or support of legal counsel, which is why if you or someone you know is detained – immediately find a lawyer.

Detaining Immigrants

Most recently, the detention of migrants to the US has come to the forefront of media attention as the Trump administration has increased numbers in detention and the rules and conditions of detention appear to be in flux. Usually, a non-citizen can be detained because they have committed a crime, require a removal, or have reached a land border without the proper entry visa.

Furthermore, once the immigrant is detained, they can appear in immigration court. Once detained, the detainee has a deportation officer who is expected to provide any relevant offers, like a voluntary removal.

What Happens After Immigration Detention?

Some detainees may not be eligible for bond (the equivalent of a bail), but if they are, that money must be paid to Immigrations and Customs Enforcement (ICE) to ensure the detainee will show up at any mandatory events. Depending on the case, a detainee may have both a Master Calendar and Individual Hearing date.

Depending on the relief and context of the case, the detainee may be stuck in the Immigration Detention and possible removal process for quite a long time. It is really important that the detainee knows their rights and options, regardless of whether they are in the detention facility. They require the legal counsel of an attorney to understand the ramifications of certain actions and consequences of offers provided by the deportation officer.

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