Immigration Detention 101
As a way of dealing with undocumented immigrants, the United States government is using detention facilities with increasing frequency. When you have a friend or a loved one who has been detained, it is a difficult process to navigate and it can be hard to find information on the individual’s whereabouts. Nationwide immigration bail bonds discusses the detention process and information you may need when you are helping a friend or loved one that has been detained.
Why the Government is Detaining Immigrants.
The government will generally detain an individual because they believe that they are a flight risk or they pose a public safety threat. There are many reasons why someone may be detained, and they include but are not limited to:
- They have committed a crime or multiple crimes.
- They have arrived at the border without a proper visa without applying for asylum or refugee status.
- They have an outstanding deportation order on record, either pending or past sue.
- They have missed prior immigration hearing dates.
What to do after finding out an immigrant has been detained.
After finding out that someone you know has been detained, US Immigration Bonds recommends that you search for them in the ICE database using their Alien Number. If the person was recently detained, the website may not reflect their detainment information. If the person is not in an ICE detention, they may have been taken to a local jail.
The next step should be to contact the deportation officer or hire an immigration attorney to contact the officer. The officer has the power to offer voluntary departure, stipulated removal, or some other form of detainee release. The officer will give you information on the detainee, such as how to get in contact with them. Be careful what you reveal to the officer since that information can be used as evidence.
It is important to act quickly, especially if the detainee has been removed from the U.S. before or has an outstanding removal order. A detainee can be removed within a few days and even hours of the initial detention.
Detention facility conditions.
An immigration detention is similar to jail or prison. The physical layout of the detention facility, level of crowding, amenities availability, and whether or not detainees are housed with state prisoners may vary. Detainees that have medical conditions have a right to appropriate medical treatment.
Getting a detainee out while awaiting action.
The next step you should take is to make a motion for an immigration bond hearing. Every detainee is entitled to an immigration bond hearing to determine whether or not the detainee can be released on an immigration bail bond. At the hearing, the immigration judge will determine if the individual can be released on an immigration bond and that they will show up for future court dates. If the judge determines the detainee can be released, they will set the bond, which you can then contact local immigration bail bondsman for help posting bond.