LEGAL GUIDE
Written by attorney Kyndra L. Mulder | Nov 17, 2011

Immigration Hold and Detention

Contents:

  • What does, "Immigration Hold," Mean?
  • Immigration Hold on an Undocumented Person.
  • Immigration Hold on an Undocumented Person.
  • Immigration Hold as a Result of a Criminal Record or Recent Arrest.
  • Immigration Hold due to an Outstanding Removal Order.
  • Immigration detention.
  • Can The Mulder Law Office Help Me?

I. What does "Immigration Hold," Mean?

An Immigration Hold is placed on a person - in state or federal custody- who the federal government wants to deport. By filing the Immigration Hold the federal government is notifying the jail not to release the person but to transfer custody from the current facility to ICE upon the completion of the criminal case for which he or she is being held. A person with an Immigration hold has certain rights depending on their individual situation. Contact us to discuss the individual situation.

II. Immigration Hold on an undocumented person:

Immigration and Customs Enforcement (ICE) checks the jail log on a regular basis. They are looking for undocumented person or persons with expired status who have been taken into custody. ICE will place an Immigration hold on those who fall into these categories . This means that once the criminal matter for which you were detained is disposed of you will be transferred from state or federal custody to the custody of Immigration and Customs Enforcement, (ICE).

The common scenario for the undocumented person and the person with an expired visa is a traffic stop. The immigrant is unable to provide a valid drivers license which leads to arrest , jail and an immigration hold. However, an immigration hold may be placed on you if you are arrested for any reason as an undocumented alien or overstay. Contact us to discuss the individual situation.

CAUTION: Do not post bail for a criminal charge if you have an immigration hold. You will not be released from custody and you will loose any fee you have paid for the bond.

III.Immigration Hold as a Result of a Criminal Record or Charge:

Immigration and Customs Enforcement (ICE) checks the jail log regularly for persons who have been booked into the jail and charged with a crime that if convicted he may be deported for. A Permanent Resident can be deported for some crimes. A person with a valid visa may be deported for some crimes. If you or someone you know is in this situation you may want to read our page on criminal defense for the immigrant. When in this situation it is very important that you contact an attorney who is knowledgeable in criminal law and immigration law.

IV. Immigration Hold due to an Outstanding Removal Order

ICE will place a hold on you if you have a prior removal order. You will not be eligible for ICE bond and you may not be entitled to go in front of an immigration judge before being removed from the United States. You need to contact an immigration attorney experienced in filing motions to reopen with the immigration court and in removal defense.

V. Immigration Detention:

If you have a loved one who is in jail with an immigration hold or being detained in an immigration facility it is very important that you contact us immediately.

• Advise your loved one NOT to sign any document without first contacting us. • A person being held in immigration detention is entitled to a bond hearing under most circumstances. • A person being held in an immigration facility is entitled to an attorney at their own expense. You will find additional relevant information on this subject on the following pages of our website: Bond, Deportation and Removal, and Criminal Defense

Additional resources provided by the author

www.MuLDERLAWOFFICE.com

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