Atlanta 287(g)/ICE Immigration Lawyer
Individuals who do not have legal immigration status in the United States face risks every day. Today, those risks are increasing as more people are being given the power to arrest and detain unlawful immigrants. Additionally, more and more immigrant detentions also continue to occur. There are a number of factors immigrants need to understand about some programs and procedures in the United States, as well as their rights, if detained. Below, our Atlanta immigration lawyer explains in further detail.
287(g)
A 287(g) agreement gives state and local law enforcement officers the authority to make immigration arrests and conduct other federal immigration enforcement activities when they would not typically have such power. There are three types of 287(g) agreements. These are:
- Warrant Service Officer model
- Jail Enforcement model
- Task Force model
Local law enforcement agencies are only given limited powers with the Warrant Service Officer model. The Jail Enforcement model gives officers greater power, but it is limited to jail operations. The most power is given with the Task Force model, which gives law enforcement officers most of the same powers as immigration enforcement agents.
Although 287(g) agreements have been around for decades, they are currently expanding. Previously, only a handful of states and a few jails participated in these agreements. Today many states, including Georgia, have enacted laws requiring all counties to participate in these agreements, further expanding mass deportation.
ICE Hold
When law enforcement suspects a person of illegal behavior, they may arrest and detain them until that individual goes to trial or posts bail. When people without legal immigration status in the United States get arrested, though, they may face even longer detainment known as an ‘ICE hold.’ An ICE hold may occur when the authorities believe someone has violated federal immigration law. A hold means the arrested individual must remain in custody for another 48 hours.
An ICE hold can be a result of a person being accused of committing a crime that could be grounds for deportation, even if they have lawful permanent resident status. An ICE hold could also stem from an existing order for removal issued before the most recent arrest. It may even occur while an ICE agent is reviewing records and finds someone without lawful status. If an investigation does not unveil evidence of a crime, the individual must be deported after 48 hours. However, if there is evidence of a crime, the individual may face deportation.
Immigration Detention
Being detained by ICE is a frightening experience. If you are not an American citizen, you are required to show your immigration documents when asked. Still, everyone in the country has certain rights, and they include:
- The right to remain silent
- The right to refuse a search of your person or belongings
- The right to refuse entry to your home or vehicle to ICE agents if they do not have a warrant
- The right to speak to an attorney
Our Immigration Lawyer in Atlanta Can Help with Your Case
If you or someone you love has been arrested or detained, you need legal help. At Shirazi Immigration Law, Inc., our Atlanta immigration lawyer can provide it, prepare a defense, and ensure your rights are protected. Call us today at 404-523-3611 or contact us online to schedule a consultation and to learn more about how we can help.
