This August 15, 2022, in the United States, more than 24,000 immigrants were detained by Immigration and Customs Enforcement, better known as ICE.
More than 68 percent of those arrested had no criminal history, and many of them were arrested for minor violations of the law, such as a traffic ticket.
ICE detention centers in Texas detained the most immigrants in 2021.
Unfortunately, the U.S. Government is increasingly using immigration detention to deal with the surge of people who have migrated to the country in the wake of the Covid 19 pandemic.
There are many reasons why an immigrant could end up in a detention center and it does not necessarily have to be for having committed a crime.
What Is Considered A Misdemeanor?
A minor violation is a misdemeanor offense that would not normally result in a criminal punishment of more than one year.
It can be an assault that does not result in serious injury such as a DWI, this type of misdemeanor is about driving under the influence and intoxication by alcohol.
Normally, a minor violation speaks to crimes that do not involve drugs, weapons, or severe violence.
For What Reasons Can ICE Detain Me?
If the immigrant person is in a detention center for any violation of civil immigration law, they need an immigration attorney, but if the person is in jail, they will need a criminal law attorney.
The reasons vary, but generally, it can be from driving without a vehicle light or a light that is not working.
It may be driving at high speed, or it may be a felony.
An immigrant person can be detained if ICE comes to your home, they are looking for another person and if you allow the officer to enter the home, they will have more power and ability to arrest and detain all people who are undocumented and without permission to stay in the U.S.
ICE officers can also transfer all undocumented immigrants to detention centers.
What Should I Do If ICE Seeks Me Home?
In this type of situation, the most important thing is that the immigrant should never allow an ICE officer to enter their home.
This is because officers strictly need an arrest warrant signed by a U.S. judge to enter the suspected individual’s home. The officers need a warrant signed by a U.S. judge to enter the home of the suspect.
If ICE has an administrative order it is different because they do not have a signature from the judge. This signature of the judge is found in the last lower section of the order.
Many immigration officers make these visits very frequently with the intention of cheating and taking advantage of the immigrant’s lack of knowledge.
Often they present a document that says they have the right to arrest the person for being in the U.S. without permission, but actually, it is an administrative warrant and not a warrant signed by a judge for the arrest of a specific person.
If an ICE officer comes to your home, you are under no obligation to open the door.
They can leave the document in your mailbox or a window and you can review it, and if there is no signature or stamp on the bottom, you don’t have to do anything because they have no right of entry.
What Should I Do If ICE Detained Me?
If you, a friend, or a family member were detained by ICE, there is a website where you can check that person’s geographic information to see which facility they are being held in.
On that website, you must enter the A-number or Alien number, which is the identification number that each immigrant receives from the U.S. immigration agency.
If you do not remember the number, you can also locate the person by entering the person’s full name, date of birth, and place of birth. This way, you will have the location and name of the detention center where the person should be held.
Normally, if you don’t have the A number, don’t know your exact last name, or don’t know your date of birth, the other option is to look at the office near you.
In San Antonio, Texas, you can call and provide the information you have about the person being detained by ICE. If you do not have a middle name or mother’s maiden name, it is okay because there is an assistant or representative who can help you locate the person.
If ICE Detains Me & I Have A Lawyer, Can I Be Deported?
If an immigrant and an undocumented person are going through the event of detention by ICE officers, the first step is to hire an immigration attorney, as the attorneys can get involved in the situation immediately and fight for this person.
When ICE officers know that the immigrant has legal representation and counsel, they will not take or attempt to take advantage of the person.
This is because an immigration lawyer will inform his client about his rights, for example, the immigrant should not sign anything and even less so without ICE giving the attorneys a chance to review what document the deportation officer wants you to sign.
An immigration attorney can take immediate action, such as requesting a bond without any delay, This is usually done immediately to avoid more serious consequences.
It is always better to be involved with your attorney in this deportation process from the beginning and not months after the person is detained by ICE.
Can An ICE Officer Sexually Abuse An Immigrant?
Certainly, that is a very common thing, in fact, at Lincoln-Goldfinch Law Firm we had a case where we were working on a case where we had this experience with one of our clients.
Fortunately, in this type of tragedy, there is relief and immigration protection because the person have their rights.
In this type of case, the most important thing is to first receive medical help, a physical examination, and then file a report.
We can also help you in ways that can be very beneficial, such as posting your story on social media, and we use this medium to set up interviews with journalists to expose these injustices.
Unfortunately, this is very common for undocumented immigrants, but in consultation with us, we can provide you with more details about the type of Visa for which you could apply, example, the U Visa which is for victims of crime.
People who are detained and are suffering from sexual assault or any type of aggression in a detention center, have the right to request better protection or to ask for an alternative room, where they can live apart from the rest of the people in the detention center.
How Long Does Someone Remain In Detention Before Being Deported?
It depends a lot on the specific case of the person because each case is different.
If the immigrant has a possible relief, such as a Family Petition or a Humanitarian Visa, the case usually takes a few months.
In other cases, if the undocumented immigrant has a criminal record or has been deported in the past (or if the person has had several deportations in the past) an ICE officer may attempt to expedite the deportation process for that person.
Everyone has the right to present their case in front of a judge, but there are exceptions as always under immigration law.
If the person has several prior deportations, there is a high likelihood that the deportation process for that immigrant will be much faster, even before an attorney can intervene.
In any case, it is always worth calling our office in a situation like this, and also that the person is determined so that we can evaluate what the options are and how quickly we need to take action in these types of immigration proceedings.
If ICE Detained Me, Do I Have Rights?
All human rights still exist in this type of situation, but even if all the resources are supposedly available, it depends on the quality of the service of that detention center.
Sometimes it can be very difficult to make calls from the call center, and much depends on where the immigrant is located.
Medical care does not resemble the care that a person might receive in a nursing home, and that is unfair but fortunately, these basic resources and entitlements do exist and are available.
Should you have additional questions about your detention, ICE, or your specific case, you may contact us at (855) 502-0555. After a brief 10-minute evaluation of your case over the phone, we will let you know what options you have. You can also follow us on our social networks so you don’t miss our weekly broadcasts on Facebook, YouTube, and Twitch.
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