Ice Hold Immigration Defense Attorney
Immigration defense attorneys play a crucial role as many non-citizens, despite their sacrifices and efforts to come to the United States, could face deportation at any time. Immigration and Customs Enforcement (ICE) is the federal agency that holds the authority on these matters, and in their hands, the future of tens of thousands of detainees rests.
What is an ICE Hold?
An ICE Hold occurs when your local law enforcement agency cooperates with ICE to place a legal hold on an individual who has been taken into custody by law enforcement. As part of the processing after an arrest, people typically undergo fingerprinting. Your fingerprints and ID information are then shared with various local and federal law enforcement agencies, including ICE.
If your jurisdiction has an agreement with ICE, ICE can respond by expressing their interest in taking custody of you. In such cases, you will receive notice explaining the reason for this interest, and you may be detained for up to 48 hours beyond the date your local law enforcement agency officially releases you. This means that even if you post bond or are released by the arresting law enforcement agency, you could still be detained for an additional 48 hours to allow ICE to take custody of you.
Local law enforcement agencies are increasingly using ICE Holds as a strategy to deport non-citizen criminals or suspected criminals, which can eventually lead to their removal from the US.
Immigration Defense Attorneys’ Role
If you experience an ICE Hold, it is possible that ICE will initiate deportation proceedings once it takes you into custody. With your entire future on the line, the attorneys at Bassey Immigration Law Center highly recommend that you consult with a proven immigration and criminal defense lawyer as soon as possible.
ICE Holds require fast action and strategic decisions that can make all the difference in the outcome of your hearing. ICE is not known for its compassion, but rather it’s strict adherence to the letter of the law. Having a lawyer in your corner is your best hope that you will get a fair hearing and a chance to remain in the United States.
Steps in the Deportation Process
Deportation follows specific steps and rules. Here is a general outline of what you may be able to expect:
- Immigration officials can either arrest you and detain you pending court hearings and a bond determination, or they can issue you a Notice to Appear (NTA) in immigration court.
- Once you and your lawyer have selected what form of deportation relief you are seeking, you will have a Master Calendar Hearing, or “preliminary hearing.”
- You will have an Individual Hearing, where you will be able to present your case and call witnesses on your behalf.
- At the conclusion of your Individual Hearing, the judge will issue a ruling as to whether or not you will be deported.
- If this ruling goes against you, you may be eligible to file an appeal with the Board of Immigration Appeals (BIA). The BIA will likely rule on your appeal based on the written argument presented by your attorney, meaning it is unlikely that you will be given an opportunity to make an oral argument on your behalf.
- If the BIA review is not in your favor, you may be able to appeal to federal court.
- If you lose this appeal to federal court, then you may be deported.
Facing deportation can be terrifying due to the potential impact it could have on the lives of you and your loved ones. With your future in the balance, it is crucial that you bring the necessary items to your deportation hearing. Here is a non-exhaustive list of what you should bring:
- Identification documents
- Immigration documents
- Criminal records, if applicable
- Proof of your family ties here in the United States
- Proof of your ties to the local community in which you live here
- Your medical records
- Evidence of the persecution you may face if you are deported back to your country of origin
- An experienced criminal defense and immigration lawyer that can stand shoulder-to-shoulder with you and fight for justice on your behalf
- Any witnesses that will be testifying on your behalf
Bassey Immigration Law Center has been advocating for non-citizens facing deportation for over a decade. If you are facing an ICE Hold, call Bassey Immigration Law Center today to schedule a confidential case evaluation. We do everything in our power to meet our clients’ needs and keep families together.