An encounter with Immigration and Customs Enforcement (ICE) can be stressful and confusing. For many, the possibility of an immigration hold, also known as a detainer, adds a layer of uncertainty to an already difficult situation. An immigration hold is a formal request from ICE to a local law enforcement agency to detain an individual for an additional 48 hours beyond their scheduled release.
This extra time allows ICE to decide whether to take the person into federal custody. Gaining a clear picture of what this means and understanding your rights during an immigration hold will help you navigate this process with more confidence. This guide will walk you through what an immigration hold entails, your rights, and the steps you can take to address the situation effectively.
What Is an Immigration Hold?
An immigration hold, or detainer, is a written request issued by ICE to a state or local jail or law enforcement agency. The detainer asks the agency to hold a person for up to 48 hours, excluding weekends and holidays, after they would normally be released. This hold gives ICE agents extra time to investigate the individual’s immigration status and arrange to take them into federal custody for potential removal proceedings.
It’s useful to recognize that a detainer is a request, not a court-ordered warrant. Local jurisdictions have varying policies for handling these requests. Some counties and cities, often referred to as “sanctuary” jurisdictions, have policies that limit their cooperation with ICE and may decline to honor detainers without a judicial warrant.
How Does an Immigration Hold Happen?
The process usually begins when an individual is arrested and booked into a local jail for a separate criminal matter. During the booking process, law enforcement collects biographical information, including fingerprints, which are shared with federal databases. If the information matches someone ICE suspects of being deportable, ICE may issue a detainer to the jail.
The hold is meant to prevent the person’s release into the community before ICE has a chance to intervene. Without the hold, the individual would be free to leave once they post bail, complete their sentence, or have their charges dropped. The detainer effectively pauses their release for up to two days.
Your Fundamental Rights During a Hold
Even when facing an immigration hold, you have rights protected under the US Constitution. Being aware of these protections is your best defense.
The Right to Remain Silent
The Fifth Amendment gives you the right to remain silent. You do not have to answer questions from ICE agents about your birthplace, how you entered the country, or your immigration status. You can state clearly, “I wish to remain silent.” Answering these questions can provide information that may be used against you in immigration court.
It’s best to avoid providing any false information or presenting fraudulent documents. Doing so can lead to severe legal consequences that complicate your case. Politely asserting your right to silence is a protected and prudent course of action.
The Right to an Attorney
You have the right to speak with a lawyer. Although the government is not required to provide you with a lawyer free of charge in immigration cases, you have the right to hire one at your own expense. You can tell the officers, “I wish to speak with an attorney.”
Once you request a lawyer, the officers should stop questioning you until your legal counsel is present. An experienced immigration attorney can offer invaluable guidance, help protect your rights, and begin working on a strategy for your defense. They can also communicate with ICE on your behalf.
Do Not Sign Anything Without Legal Advice
ICE agents may present you with documents and ask for your signature. These forms could include a Stipulated Order of Removal, which is an agreement to be deported without appearing before an immigration judge. You should not sign any documents without first consulting an attorney.
Signing away your rights can have irreversible consequences, including waiving your right to a hearing. Always ask your lawyer to review any paperwork before you sign it. A legal professional can explain what the document means and advise you on the best course of action.
Steps To Take if You Face a Detainer
If you or a loved one is placed on an immigration hold, there are proactive steps you can take. Acting quickly and methodically is beneficial.
Contact an Immigration Lawyer Immediately
The most critical step is to contact a qualified immigration attorney as soon as possible. A lawyer can immediately begin assessing your situation, contact ICE, and determine whether the detainer is legally valid. They can also advise you on exercising your rights and represent you in any upcoming legal proceedings.
Gather Important Information
Your legal team will need as much information as possible to build a strong case. If you can, gather details about the arrest, including the date, time, location, and the law enforcement agency involved. Any documents related to your immigration history, such as visas, previous applications, or your Alien Registration Number (A-Number), will also be helpful.
Family members can assist by collecting these documents and providing them to the attorney. This information allows your lawyer to get a full picture of your case and start advocating for you right away.
Arrange for a Bond Hearing
If ICE takes you into custody, you may be eligible for a bond. A bond is a sum of money paid to the government to secure your release from detention while your immigration case proceeds. An attorney can request a bond hearing before an immigration judge.
During the hearing, the judge will consider several factors, including whether you are a flight risk or a danger to the community. Your lawyer can present evidence of your ties to the community, such as family, employment, and length of residence, to argue for your release on a reasonable bond.
Navigating immigration detention requires knowledgeable legal representation. If you are seeking a detention center lawyer in Louisiana, Gahagan Law Firm offers experienced, dedicated legal support. We are committed to helping individuals understand their options and pursue appropriate legal avenues during challenging times. Contact us today and let us guide you through this process.
Understand Your Rights
Dealing with an ICE detainer is a serious matter that requires a careful and informed response. By knowing what a hold entails and understanding your rights during an immigration hold, you can take the necessary steps to protect yourself. Remember to remain silent, request an attorney, and avoid signing any documents without legal counsel.
Quick action and professional legal support can provide the best opportunity for a positive outcome. This knowledge empowers you to face the situation with greater control and work toward resolving your case.