If your friend or loved one has been arrested and detained for immigration reasons, you must get an immigration bond to release the person from custody until his or her court appearance. ICE has the authority to release the person based on personal recognizance, in which case you won't need to pay for a bond.
Getting the hold removed is difficult, but not impossible. In some instances, inmates may be released despite an immigration detainer. If ICE doesn't assume custody of the inmate within 48 hours (excluding weekends and holidays), then law enforcement must release the individual.
According to U.S. immigration law, certain crimes in California can result in deportation if you are not a U.S. citizen.
Crimes of moral turpitude include, but are not limited to, the following:
- Kidnapping.
- Burglary.
- Grand theft.
- Fraud.
- Arson.
- Assault with a deadly weapon.
- Repeated felony DUI convictions.
In such cases, ICE will file what's called a "detainer." This means that ICE cannot get to the person immediately, but is asking the police or jail to hold him or her for an additional amount of time so that ICE can later schedule an interview to determine whether or not to place the person into removal (deportation)
Help for People in Detention or Facing Deportation
- Overview.
- Locating a Detained Friend or Family Member.
- Locating a Detained Friend or Family If ICE is Withholding Information.
- Finding a Trusted Lawyer.
- An Overview of The Deportation Process.
- Removal Orders.
- Leveraging Your Consulate.
- Asking for a Bond.
The letters INS stand for Immigration and Naturalization Service. This is a United States government agency that is designed to assist immigrants when applying for US citizenship. Admission: This term refers to the lawful entry of a person into the United States after the proper review by an immigration officer.
However, many families cannot afford the high bond amounts set by ICE or immigration judges. There is no upper limit for immigration bonds, but Freedom for Immigrants has documented immigration bonds ranging from $1,500 to $250,000 with a median of $4,250 and an average of $14,500.
They can arrest you anywhere, whether at work, at school, at home, or in public places. You're then taken to a detention center and kept in custody until travel arrangements are made. In this scenario, you won't be allowed to file the Stay of Deportation.
The maximum prison term is 6 months for the first offense with a misdemeanor and 2 years for any subsequent offense with a felony. In addition to the above criminal fines and penalties, civil fines may also be imposed.
AM I ELIGIBLE FOR A BOND? A detainee is eligible for a bond when they prove that they are NOT a danger to the community and are NOT at flight risk. In some cases, a detainee is not eligible for a bond, for instance due to certain criminal convictions or because they have already been deported in the past.
If you're a lawful permanent resident of the U.S., you could be eligible for cancellation of removal. That means you could ask the court for relief from deportation proceedings and to allow you to keep your green card. However, not everyone is eligible for cancellation of removal.
§ 1326, which makes the offense of reentering, or attempting to reenter the United States after being removed or deported, a felony offense in many instances. You will likely be permanently barred from the United States if you illegally reenter after a prior removal.
The easiest way to determine whether someone's been deported is to hire an immigration attorney or private investigator to do a search to determine if an individual has been deported. Professionals will have access to subscription-only databases that can be used to quickly search immigration court records.
To find someone who has been detained, access ICE's online detainee locator at or call the Northern California field office at (415) 844-5512.
If you're detained by ICE, and your family doesn't know where you are, they can find out by visiting the Online Detainee Locator System. This system provides information regarding the location of someone who is in ICE custody or who was released from ICE custody within the last 60 days.
