At this time, operations are being carried out across the country to detain individuals who are in the country illegally. These operations may occur through traffic stops, location tracking, even large-scale raids at workplaces, public places, and in some cases, during scheduled follow-up appointments with ICE known as “Check-ins.”
Below, I’ll explain the steps and procedures to follow if you or someone you know is detained.
There are 4 ways to request release from detention:
Parole: discretionary action by the department of homeland security or ICE, that allows the non- citizen detainee to be released and remain in the U.S. temporary with the condition that they will continue to appear to their court hearings.
Bond: a monetary promise to the immigration judge and ICE that the respondent will be compliant with going to all hearings and interviews in exchange for the temporary release. Keep in mind that if there is a criminal record for a severe criminal offense or you had a previously being deported you will not be eligible for a bond.
Strong Asylum case or other immigration relief process: if the detainee has a strong reason of fear of persecution and torture if they were to return to their home country, they can take their asylum claim before a judge. Also, if there is any other eligibility for another immigration relief such as being married to a U.S citizen or Legal permanent resident, they may file for a family petition and can be released to pursue such process.
Voluntary Departure: which is considered a process that is alternative to a formal ordered deportation by an immigration judge, allows the detainee to auto-deport on their own terms and
causes less implications, but a detainee must waive their rights and admit removability and can be
requested during the master court hearing.
Keep in mind that for a judge to grant Voluntary departure a detainee must still have to be eligible and demonstrate the following:
- Criminal history
- Immigration history
- Good moral character
- Ability to leave including having proper travel documents and funds.
In some cases, the judge will grant voluntary departure under some conditions such as setting up a bond and instead of releasing detainees, they must remain in detention until departure date.
Has a family member or friend been detained?
Locate and prepare for the next steps!
Utilize the ICE Locator to easily locate the detainee, make sure to have their full name, country of birth, and date of birth. You may also search the database with their alien registration number. (9-digit A number, if applicable)
Note: Some non-citizens may have been assigned an Alien number from CBP at time of entering through the border or from previous immigration processes. Locate the A number in receipt or approval notices from USCIS.
Gather documentation that will be crucial to identify and assist in the release process. Those documents can be birth certificate, passport, identification, and physical presence in the U.S.
Things to demonstrate at a bond hearing:
- Detainee is not a flight risk: ties to community may include membership to local group and organizations, employment, presence in the U.S. rental agreement or mortgage statement, family in the U.S.
- Detainee is not a danger to the community: no criminal records, good moral character evidence: letters of recommendation from family members and friends and organizations, no drug and alcohol involvement.
Bonds are set by an Immigration Judge, once bond is set:
With immigration bonds will need to be paid in full, once paid detainee will be released and they must comply with the terms and conditions of their bond release, by attending all hearings and interviews scheduled.
You are not alone in these hard and uncertain times, always consult an immigration attorney for a thorough review of your case.
The information provided in this post is for general informational purposes only and does not constitute legal advice. Each case is unique, and we encourage you to contact us directly for a free consultation regarding your specific situation.
