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Is immigration holding people right not in jails or courts in the Santa Clara County?

San Jose, CA |

I was worried about immigration I heard different things , that immigration can hold people in jail but I also heard that immigration is not holding people in Santa Clara county because last year a new ordiance was passed. What is true in regard to immigragtion holding people in cistody?

Attorney Answers 5

Posted

Immigration does indeed take people into custody and hold them in local jails until they can be transferred to ICE detention facilities. I don't know anything about a new ordinance in SC County that would change this but if that were the case ICE would just move the prisoners somewhere else.

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Posted

Your guess is as good as anyone else's.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Posted

Immigration holding thousands of people in custody throughout the country. List of ICE detention facilities can be found on ICE website.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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1 comment

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Statutorily any overstay and undocumented alien is subject to federal detention. The issue is whether in one's particular case the ICE agents will make a specific effort to actually act on that.

Posted

Some individuals are subject to mandatory detention. For other offenses or civil violations ICE has discretion. It is best to consult with an immigration attorney to advocate for you on the basis of the facts of your case and advise of any relief options.


Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
email: lynne@feldmanfeldman.com
website: www.immigrateme.com

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law

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Posted

Santa Clara County has not been notifying ICE about undocumented workers but I have had some cases where ICE stepped in anyway. If the arrestee is being charged with a violent crime or has a history of convictions or was previously deported, you can expect ICE to place a hold on the arrestee.

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