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What is the difference between a detained and non detained arrest by ice? Do the non detained not show up on the ice locator?

Stafford, VA |

The illegal alien in question didnt commit a serious crime and was released the same day.

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Attorney answers 5

Posted

Non-detained means the person is not being held overnight.

Posted

In both situation, person is in removal proceedings. Non-detained respondent has obligation to go to his court hearings and ice appointment by himself, the detained respondent will be escorted by the authority.

Nothing in this post shall be construed as a legal advice. If you need advice regarding your particular situation, please contact my office directly. This information is transferred without an intent to creat an attorney-client relationship.

Asker

Posted

So the non-detained person will not show up in the "ice detainee locator" correct?

Natalia Polukhtin

Natalia Polukhtin

Posted

Correct.

Posted

If by "ICE locator" you mean the monitoring system used to track the alien, then the answer depends on whether or not the alien was released with an ankle bracelet or not. If the alien was released without the ankle bracelet, then ICE would not be able to monitor his moves.

Asker

Posted

No, i was referring to the online system at locator.ice.gov, i cant find the name of the arrested person on there.

Andrei Kublan

Andrei Kublan

Posted

If the alien was released on the same day, his name will not be in the system of detained aliens in ICE custody.

Posted

detained aliens stay in immigration custody/detention while non detained aliens are released either on their own recognizance or after paying a bond or on electronic supervision (ISAP/ATD) sometimes referred to as "ankle bracelet". Aliens who are released from ICE custody will appear on the online detainee locator provided they have been released no longer than 60 days ago and are not juveniles.

Posted

A non-detained is when someone is not in the custody of ICE. A detained person is when someone is in custody of ICE. The ICE Detainee Locator will not provide information to those individuals who are not currently detained.

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