What is an immigration hold? does that always mean deportaion ?

Asked about 5 years ago - Miami, FL

my partner of 13 yrs was arrested for dwls , court release him on pretrial but now has an immigration hold, they told him ice should come talk to him within 24 hr. what does this mean ?

Attorney answers (3)

  1. Jeffrey Adam Devore

    Contributor Level 20

    1

    Lawyer agrees

    7

    Answered . An immigration hold is placed lodged against a criminal detainee by ICE so that they can determine whether the detainee is amenble to removal proceedings. At most facilities, an ICE agent will review the daily booking log and lodge a detainer against all new arrivals who were not born in the United States. An ICE agent will the interview the detainee to determine his immigration status and if the detainee is a U.S. Citizen the detainer is lifted. If the detainee is an alien the agent will make an initial determination as to whether the alien is removable from the United States. If the answer is in the negative then the detainer is lifted. If it appears that the alien is removable, the detainer remains and the facility will advise ICE when it is ready to release the alien. ICE must then take custody of the alien withing 48 hours. If ICE does not take custody within that time the detainer is automatically lifted. Sometimes ICE does not interview detainees unti this 48 hour period begins.

    If your partner is otherwise in the U.S. illegally then it is unlikely the detainer will be lifted (even not taking his recent arrest into consideration). Depending upon how your partner entered the U.S. he is most likely entitiled to a hearing before an Immigration Judge and possibly bond. In most cases he cannot simply be deported without a hearing, but must be given to the opportunity to apply for relief from deportation and show why he should be allowed to remain in the United States.

    You should contact a qualified immigration attorney to review your partner's case and recommend a specific course of action.

  2. Linda Friedman Ramirez

    Contributor Level 14

    Answered . I don't necessarily disagree with the previous post. However, don't be surprised if nothing happens, and he remains in custody. I agree that you should contact an immigration attorney immediately. If you do not have sufficient funds, I would recommend that you contact the Florida Immigrant Advocacy Center
    (link below)

  3. Stanley Dale Radtke

    Contributor Level 14

    Answered . You partner is being placed into deportation proceedings by the federal government. This means that either your partner is without status, meaning he entered the country without inspection (EWI), or he came on a visa, such as tourist, student, employment, and then has overstayed the permitted time.

    Or alternatively, he has status, something short of being a citizen, and he has criminal convictions that render him removable.

    ICE will physically come to the county jail and take him into custody placing him in a federal facility. They will then pressure him to sign a voluntary agreement to return to his country of origin, and if he does not sign, then he will have a hearing before an immigration judge. If he can be release, he may be bond eligible.

    You need to consult with an immigration attorney immediately to find out what options you may have available for your partner in order to try and keep him from being deported.

    Stanley Dale Radtke, Esq.
    Law Offices of Haitham Edward Ballout
    220 Montgomery Street, Suite 416
    San Francisco, CA 94104
    415-252-1234

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