Common Questions Regarding The Detention Of Immigrants And Ways To Get Them Out Of Detention
*This is general information about the process of trying to get someone out of immigration custody. This isn’t legal advice, and every case is different. There are also no guarantees when it comes to the federal government. They can change their mind regarding their policies at any moment, and also miracles occasionally happen. This information is general.*
Why Did The Jail Tell Me That He/she Has An Ice Hold And Is Going To Get Deported?
If an immigrant is arrested either by the police or by ICE (US Immigration and Customs Enforcement) then he or she will first be put into custody in a county jail. If he or she isn’t currently in valid immigration status, then ICE will place an ICE Hold on him/her. An ICE Hold is a request made by an immigration authority to a prison or jail to hold a person for 48 hours after his or her release so that the person can then be taken into ICE custody. An ICE Hold, also known as a detainer, can cause the immediate deportation or the beginning of removal proceedings against an immigrant.
When ICE places a hold it means that ICE will likely pick him/her up within a few days of when . he or she leaves state custody (which can happen by his/her criminal charge being resolved, his/her state bond 1 being paid, his/her state bond being removed by the judge, or if he/she never got a state bond). If he/she doesn’t have a pending criminal charge and was arrested by ICE, then ICE will begin transferring him/her from jail to an immigration detention center within a few days.
A bond is an amount of money which can be paid for the right to fight your case from out of custody. A state bond is for state crimes. An immigration bond is to fight your immigration case from out of jail.
He/she Only Wants To Get Out Of Jail For A Couple Of Weeks And Then Leave On His/her Own. Can He/she Do That?
- Unfortunately the only way to get out of immigration custody is as follows:
- if ICE lets him/her out on his/her own recognizance (which is very rare),
- under an Order of Supervision (which is only for people who already have a deportation order, and is also very rare),
- if ICE lets him/her out on parole; or
- if ICE or an immigration judge gives him/her an immigration bond.
Can We Just Get Him/her Out Now With A Normal Bondsperson?
No. If he or she is in state custody and has an ICE HOLD, even if you pay the state bond (whether it be in cash or with a bondsperson) instead of getting out of jail, he/she will go into ICE custody. After he/she is in ICE custody, he/she can only get out if he/she gets an immigration bond, and these bonds can only be paid by certain bondspeople.
He/She Said That Ice Made Him/Her Sign Something! Can You Find Out What He/She Signed?
It is probably the acknowledgment that he/she received the documentation