What to Do When Facing the Immigration Detention Process
Immigration detention is a process used by the United States government in cases that involve immigrants who may be removed.
Immigration detention impacts the family members of those individuals who are detained. The detention of an individual presents lengthy and complex legal issues that require a skilled immigration attorney.
So understanding the detention process and having the legal resources you need ensures that your legal rights are protected.
Why Immigrants are Detained
The reasons why immigrants are detained include unlawful entry, violations of their visas, or as a means to allow courts to make decisions related to their removal or release.
Refugees and Individuals seeking asylum may be detained for administrative purposes when necessary. In some cases, an immigrant’s identity might be in question, and authorities may detain him or her while they verify that identity.
Immigrants who present a threat to the general public can also be detained. If there’s a risk that the individual might move to another location to evade authorities, he or she may be detained to eliminate a “flight risk”.
Immigrants who have committed crimes or have missed immigration hearing dates may be detained once they are located and arrested.
The Government’s Role in Immigration Detention
The process of detaining immigrants is overseen by the Immigration and Customs Enforcement (ICE), a branch of the U.S. Department of Homeland Security (DHS).
The global consensus regarding immigration detention is that the process is meant to be used only when it is necessary and reasonable. Detaining immigrants should be done only when it aligns with a legitimate purpose.
The detention process is similar to being jailed, and most facilities are operated by the ICE. Local authorities may also be contracted to detain individuals. This means that the location and conditions in which immigrants are detained can vary.
The ICE must bear the responsibility for providing adequate medical care for detainees who need it. Immigrants who require medications for existing health conditions are entitled to receive it during the detention process.
Failing to provide medical care or meet its obligations in detaining individuals can make the ICE subject to legal actions by immigrants and their attorneys.
The Legal Protection You Need When Facing Immigration Detention
Working with an immigration lawyer helps you understand your rights when facing the detention process.
In some cases, a detention may be required to expedite the proceedings related to your case. This can help immigrants reach the courts quickly to resolve their case and resume their daily life.
But this may not be the best option for your needs. Your attorney may advise you to get out of detention as soon as possible depending on your unique circumstances.
A $1,500 minimum bond may be required to obtain a release from detention. Conditional parole and other provisions may be applied, and you’ll need to take the time to understand how these impact your case.
Release from detention may require an individual to demonstrate that his or her release won’t create a safety risk to others. They must also eliminate the risk that he or she may fail to appear at future proceedings.
Your attorney will help you gather and submit the evidence you need to obtain a release from detention. Information related to your family, personal finances, arrest history, and participation in your local community can all influence the ICE’s decisions.
Although there are many reasons why an immigrant may be detained, protecting your rights under the law is essential to moving through the process and achieving a successful outcome.
Having the right immigration attorney helps you resolve your case and return back to your family and home. You’ll protect your status within the U.S. and avoid the complex issues that arise when facing the immigration detention process.