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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?

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Attorney answers 5


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.


Your guess is as good as anyone else's.

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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; email:; 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.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko


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.


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

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


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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