I’m Detained by ICE, Now What?
You have been detained by the US Department of Immigration and Customs Enforcement. What do you do now?
Few questions immediately arise in this situation. Are you, the suspect, subject to removal based on any crimes or acts you may have committed? Has a final order of removal already been received by you? Does the government have the ability to remove you to another country? Are you eligible for immigration bonds in Miami? Other factors that need to be considered are the immigration laws of the state in which you reside, are you a flight risk, and are you a danger to the community?
Depending on your situation, you may be subject to removal from the country. This is the process the US government enforces when an alien is being removed from the United States. Upon removal, the suspect will be barred from re-entry into the United States. This barring can be for a period of ten years to life.
Detainment is the first step in the process of removal. When detained, the suspect is placed into custody with the US Department of Immigration and Custody Enforcement (ICE). There are detainment facilities all over the country, and the closest location to the alien’s residency is where a suspect is typically placed. During detainment, a formal proceeding of removal is initiated by the US government. The process takes about two weeks to be filed. In some cases, it can take up to ninety days.
Detainment at Border
In some instances, an alien may be detained upon entry into the United States. In this case, the removal process will be handled by the Department of Homeland Security (DHS). The Department of Homeland security has what is called “exclusive jurisdiction” in these situations. When this occurs, the immigration court does not have a say with the decision made by the DHS. However, if a suspect is detained inside the United States, then the process of removal is held in Immigration Court.
When the process of removal is in Immigration Court, the suspect may be eligible for an immigration bond in Miami. This immigration bond gives the detainee the ability to be released from custody, pending the removal case and trial. Removal cases can take years for resolution, which is why it is highly recommended to seek an immigration bond in Miami if available. An immigration bond is money used by an immigration bondsman upon the promise that the suspect will appear for all proceedings when called upon.
Not all suspects are eligible for bonds. Those who are not eligible for bonds include suspects who have charges such as:
- Possession of controlled substance
- Aggravated felonies
- Suspected of terrorism
- Crimes of moral turpitude
Once a bond is obtained, the suspect in custody will remain there until his family or friend posts the bond. This process can be handled directly through the US Department of Immigration and Custody Enforcement (ICE), Department of Homeland Security (DHS), or through an immigration bail bonds company. The bond will take about one to five days once posted. The individual who posts the bond must provide proof of citizenship, current address, and where the alien will live while on bail.
If you seek the help of US Immigration Bonds & Insurance Services, Inc., you or your family member may be released the same day. Contact us today for more information.