Detention of Undocumented Immigrants

For undocumented immigrants living in the United States, the fear of being held by authorities is always present. Those faced with the possibility of detention are encouraged to speak with an experienced immigration lawyer in Philadelphia for advice and legal guidance. Knowing how to respond while detained will help ensure the best outcome possible, and may potentially prevent deportation.

Not All Undocumented Immigrants Are Detained

An inquiry by Immigration and Customs Enforcement (ICE) does not always lead to detainment. ICE does not have the capacity to detain each and every undocumented immigrant. Undocumented immigrants with family in the United States and a clean record are generally the most likely to be released. However, those with a prior order of removal may be deported without an Immigration Court Hearing.

Detainees Should Request a Bond Determination

A bond is the amount of money a friend or loved one must pay to obtain a detainee’s release and ensure they are compliant with the immigration process. The person who posts the bond must be a U.S. citizen or lawful permanent resident. In the event a person is detained by ICE, the first thing he or she should do is to ask the bond officer for a bond determination. A bond determination is based on a number of factors, such as what officials perceive is the likelihood the individual will skip future court hearings.

It is important for detained individuals to tell the deportation officer if they are employed, have a clean record, or have family members who are dependent on them as this may help their case. After deciding whether to grant a bond, the deportation officer must provide a “Notice of Custody Determination.”

If an individual is denied bond or if the bond is too much for the family to pay, he or she can ask an Immigration Officer for a bond redetermination. In some cases, the bond may be lowered. When requesting a bond redetermination, it is important to emphasize community ties and family obligations.

What to Do if You or a Loved One is Detained

Every detainee is permitted one free, local phone call to a loved one. If you are detained, contact a trusted family member or friend as soon as possible. You are responsible for the cost of additional calls.

It is important to provide your family with the registration number this is listed on all of your ICE paperwork. This number will be used in all communications with your lawyer and immigration officials. Tell your family where you are being held and if you were granted bond.

If you are working with an immigration lawyer, have your family contact him or her. Immigration officials must also assist you in contacting your home country’s consulate should you wish.

Detainees Should Understand Documentation

Every person detained by ICE has the right to documentation they can understand. You must be provided with forms in a language you understand or be assigned a qualified interpreter to translate for you. Always consult an experienced immigration lawyer before signing any paperwork.

Philadelphia Immigration Lawyers Surin & Griffin, P.C. Protect the Rights of Detained Immigrants

Undocumented immigrants have rights while in detention. Philadelphia immigration lawyers at Surin & Griffin, P.C. are available throughout the entire detention and bond process to safeguard your interests and make sure you are best protected from deportation. To discuss your rights with a dedicated and compassionate Philadelphia immigration lawyer, call 215-925-4435 today or contact us online.