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What should an illegal alien do if he has information on criminal activity?

New York, NY |

My husband is detained by ICE and he has some criminal activity information to provide. what should his lawyer do on that case? He said is trying to contact ICE supervisor but I'm not sure if he is doing a good job because it seems that they're not getting back at him. Who should he contact?? ICE or the FBI ??

we only have a 3 weeks left till the master hearing so this is very important.

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Attorney answers 4

Best Answer

Believe it or not, there is a special type visa for people who assist law enforcement with criminal investigations - "S Visa."

If your currently attorney is not seeking an S-Visa for your husband, I strongly suggest he look into it, or work with a lawyer who has experience in applying for S Visas.

PLEASE note - S visas are very difficult to obtain and generally require the informant to have reliable and direct knowledge and information about large-scale criminal activity, such as a drug trafficking ring, and be willing to testify as a witness in court. Getting the visa involves collaboration with several law enforcement agencies, from the NYPD to the FBI and up to the NY Attorney General. Although the process can be difficult and timely, S visas are granted every year.

If you would like more information about S Visas, you are more than welcome to contact me at (212) 252-2125 or via email at

Regarding your current attorney - he is most likely trying to contact ICE in order to request their assistance by exercizing prosecutorial discretion in his favor, which, if successful, may be the only way for him to be released from ICE custody. I suggest you make an appointment with him and explain your concerns one by one. If afterwards you still feel uncomfortable working with him, don't hesitate to switch to an attorney that you prefer and enjoy working with. Trust and confidence in your lawyer is incredibly important.

Overall, I wish you and your husband much success!

Rachel Einbund
Attorney at Law
Law Office of Rachel Einbund, PC
168 Madison Avenue, 7th Floor
New York, NY 10016
(212) 252-2125

To avoid any unintended negative consequences of filing, I strongly recommend seeking assistance and advice from an experienced immigration attorney.

Benjamin J Lieberman

Benjamin J Lieberman


Well put!


Obviously for safety concerns, you should not post any facts about the activity on a public forum. His attorney should be brokering any deals for him so that he can maximize the benefits of any cooperation. If you are concerned that the attorney is not doing their job, you should consider hiring a different attorney.

Richard Southard
I am a former Deputy Bureau Chief with the Brooklyn District Attorney's Office who has been specializing in criminal law for over 15 years. I offer free consultations by telephone, in-office or by videoconference.

All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website


The best way to go about doing this is through an attorney so that you are protected to the extent necessary and so that you can get out of this as much as you possibly can. If you aren't happy with your attorney I suggest you voice your concerns to hom/her and see what s/he has to say. If any differences cannot be resolved consider hiring a different attorney.


If your husband has good information about criminal activity, he should pass it along to his immigration attorney or to a knowledgeable criminal defense attorney who can check the information for it value and then try to use the information to assist your husband on his deportation case, hopefully by helping him get an "S" visa. If the information is accurate and not "stale", then he should provide the information to the government with the intention of getting a benefit. A detained person should never provided the government with free information. Information should always be provided with the intention of getting a benefit.

It is important to note that although he is trying to pass the information to ICE, ICE may not be the agency he should be providing it to. This is why he needs to speak with his attorney first. You want to make sure that the information is provided to the proper agency, whether or not that is ICE will depend on the type of information he has. Figuring out who should receive the information will help speed things along.

Hope that helps. Good luck!