Skip to main content

If an inmate is a US citizen can he have an INS hold?

Santa Clarita, CA |

what options do we have to help inmate stay in the US after serving incarceration sentence

Attorney Answers 4


  1. A US citizen can have an ICE hold placed on them when ICE does not know or believe them to be a citizen. Consult with and hire a lawyer.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  2. No. Provide proof of citizenship. He may have to do this at Removal Hearing if it gets that far. Do retain an experienced Immigration Attorney for assistance.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


  3. One of two things might be happening. It is possible that ICE doesn't know that he is a US citizen. Another possibility is that an illegal act was committed prior to him becoming a US citizen, assuming the inmate gained his citizenship through naturalization.

    Contact an attorney and have the attorney communicate with ICE and the detaining agency.

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics