An ICE (U.S. Immigration and Customs Enforcement) hold or ICE detainer can be stressful and put your future in America at risk. First and foremost, know that an ICE hold is not a warrant for your deportation. It is simply a request from ICE sent to a local jail to place an individual on hold or detainment until ICE can review the situation and determine if they wish to bring the person into immigration custody.
If you or a loved one has received an ICE hold or detainer request in Michigan as a non U.S. citizen, it is imperative to contact a Michigan ICE hold attorney before you sign anything. You may accidentally trigger deportation proceedings before you are prepared to defend yourself. Family Visa offers free case evaluations 24/7. Call (800) 605-VISA for help today.
What Is an ICE Hold or ICE Detainer?
An ICE immigration hold or ICE detainer is a tool that the U.S. Immigration and Customs Enforcement uses to attempt to deport individuals who are already in custody for other reasons. It is a request sent to a local or state law enforcement agency to detain an individual for 48 hours past his or her release date, to provide ICE agents time to take a look to see if they are interested in placing the person into federal custody for deportation processing.
What Does the Immigration Hold Process Look Like After Jail?
If you get arrested and booked into jail in Michigan, you may receive a notice that ICE has submitted a request for an immigration hold. This request will come after your criminal case has been resolved or you have paid your bond. It is submitted using Form I-247. The sheriff’s office that receives this request can decide whether or not to honor it. They are not legally obligated to go through with the hold.
If the law enforcement agency does honor the request, you will be held for an additional 48 hours after fulfilling your sentence – even without any further charges pending or probable cause to hold you. In that time, ICE can investigate to find out if you are deportable. This might be the case if you are undocumented, in the country illegally or eligible for deportation through other means.
If you are a naturalized citizen of the U.S., you could still be deported if you are convicted of a deportable crime, such as arson or child abuse. If ICE believes you are deportable, you will be given yet another 48-hour waiting period for ICE to pick you up from the local jail. From there, the government will take you into immigration custody and continue with deportation proceedings.
How Can a Michigan Lawyer Help You Fight an ICE Hold Request?
It is critical to contact a Michigan family immigration lawyer if you find out that you or someone you know is being placed on an ICE hold or ICE detainer. The individual should not sign anything or make any decisions about the case without speaking to an attorney, as there is a possibility of initiating deportation before having the chance to prepare for this process.
An ICE hold is a challenging issue that requires an experienced immigration attorney in Michigan. The 48-hour ICE hold raises serious concerns regarding constitutional rights, as it violates U.S. laws regarding due process. For this reason, local law enforcement agencies could face civil liability for honoring an ICE detainer request.
An attorney can help you fight an ICE hold or deportation order by filing a complaint with the Department of Homeland Security for this violation of your civil rights, as well as filing complaints with other authorities to try to negate the hold. A lawyer can also help you fight deportation proceedings if they have already begun.
Call (800) 605-VISA Now for ICE Hold or ICE Detainer Assistance
At Family Visa, we know that an ICE hold or detainer is a frightening experience. Our immigration lawyers in Michigan can immediately start work on your case to protect your civil rights and help you avoid deportation. We are committed immigration attorneys who have a 100 percent case success rate. Contact us by calling (800) 605-VISA 24/7 if you need a Michigan ICE hold/ICE detainer attorney.