There are a number of ways you may come into the jurisdiction of Immigration and Customs Enforcement (ICE). If you do not have a valid driver’s license and are stopped by the police, it is likely that you will be detained if you are not a U.S. citizen and are out of status. Likewise, an arrest for any crime, however minor, could result in your being detained by ICE. You may be traveling by air or bus and be the subject of a routine ICE documents check and end up being detained. You may also be detained while on parole for a crime or simply by traveling back to the United States from abroad if you have been convicted of a crime in the past.
It is important to consult with a competent immigration attorney if you or a family member are detained by ICE. Sometimes, ICE detains a legal permanent resident or places an immigration detainer on a legal permanent resident if an arrest for a crime takes place. With the immigration detainer, you will not be permitted to bond out of criminal custody even if you pay the bond. Either they will not accept your bond money or they will transfer you to an immigration detention facility instead of releasing you.
It is critical to let ICE know you are represented by an attorney before they transfer you to another facility which could be located out of state. Generally, if ICE knows you are represented by an attorney, they will not transfer you. A motion for bond should be filed as soon as possible. In some cases, you may not be eligible for bond and any relief from deportation should be filed right awwy to limit your time in immigration custody.
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