New Mexico Courts: How are Undocumented Mexicans (Illegal Aliens) Treated?

Posted over 3 years ago. Applies to New Mexico, 1 helpful vote

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1

What happens with an ICE holds in Santa Fe County Detention Center before trial?

Before Immigration and Customs Enforcement (ICE) has a chance to put a hold on someone without immigration documents, it is important to get a bondsman and get him out of jail quickly. Once your family and friends post a bond to release you on the criminal charges, if you already have an ICE hold those agents are given 72 hours after your bond is posted to pick you up and deport you voluntarily through El Paso into Mexico. Often ICE does NOT pick you up in time, and the local prosecutors do not like it when they must dismiss cases because of voluntary ICE deportations.

2

Do we have to worry about court officers and ICE agents during the criminal process?

At least in Santa Fe, the judges and court clerks and prosecutors seem very understanding about undocumented hispanics from Mexico and Guatemala and elsewhere. The same holds true in Espanola, but less so in other courts. I heard of two instances where ICE agents arrested a family member who came to watch a court hearing, but this is very rare. You are probably safer in the court that somewhere else where ICE agents might find you.

3

Do Probation Officers Turn Defendants over to ICE after trial.

Probation Officers are not supposed to inform ICE that one of their clients is an illegal alien, but it has happened from time to time. There is really nothing that can be done except pray that does not happen. You cannot avoid your probation officer of course. If it will happen, it will happen the first or second time you see your probation officer. After that you are probably clear so long as you do not pick up a probation violation or get yourself arrested again.

4

Is it the same in federal court?

No. Without proper documentation, you will not be able to be released before trial and you will be deported after your case is over.

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