What To Do If ICE Officers Take You Into Custody

The fear of getting caught by U.S. immigration officials is very real for many immigrants who are not in the country legally. Most are afraid that if they are caught, they will be immediately removed and sent back to their country of origin. Knowledge about ICE procedures will ensure you feel more confident about your rights, or at least what will happen if you or a loved one is detained by law enforcement.

ICE Arrests

There are a few ways that ICE arrests take place. Often, it is at a workplace where officials enter the premises in search of immigration law violations. Other times, an officer may attempt to find you at home. An ICE officer isn?t likely to do this unless you?ve committed a crime, or perhaps if you have been deported in the past. If that officer has a warrant, they can enter your home. Without one, you do not have to let them in your house. You also might end up in ICE custody if you were handed to them by another law enforcement agency, such as state or local police.

After an arrest, chances are ICE officials will want to interview you about your immigration status and get the details of your arrival into the U.S. If they cannot do this immediately, you may be placed into a ?detainer? situation, whereas they have 48 hours to interview you. If they don?t make that deadline, police or law enforcement may be required to let you go. Pay attention to your arrest times in the event a mistake is made, and your rights are violated.

If you are a parent and have little or no arrest history, you will likely be released ? sometimes you may have to pay a bond to be released. ICE will likely still try to pursue your case, but you will not have to stay in jail while they do that.

Removal Proceedings

An ICE officer makes the determination as to whether or not you should be placed in removal proceedings. If the ICE officer determines that you are in violation of immigration laws (e.g. for an illegal entry, or for overstaying your visa), you will likely be charged with being ?removable.? You will be served with a ?Notice to Appear? (NTA) which starts the process of having to face removal hearings in court with an immigration judge.

Get an Immigration Attorney

If you have found yourself in this situation, you will want to retain the help of a ?removal defense lawyer.? This is true, even if you are here illegally. You may have options available to you that you?re unaware of. Call Landerholm Immigration today and set up an appointment with our law firm, so you can learn about what options you have to fight your case!