What Is An ICE Hold?
Breaking the law comes with consequences for anyone, which can include time spent in detention. For example, if you are arrested for allegedly assaulting another person, you may be processed and taken to the local jail, which the sheriff’s department usually manages.
The above is certainly true for individuals with legal status in the United States, but for those who don’t have such status, when an arrest happens, U.S. Immigration and Customs Enforcement (ICE) may be called. ICE has the authority to transfer an individual with no legal status in the U.S. from county jail to ICE custody. When this happens, the individual is said to have been placed on ICE hold or ICE detainer.
If you have questions about your legal status in the United States, would like help obtaining legal status, or have another U.S. immigration issue, you are welcome to call an Atlanta deportation defense lawyer at Shirazi Immigration Law, Inc.
Understanding What ICE Hold/Detainment Is
Immigration and Customs Enforcement is composed of federal officials. Individuals who are arrested in various states and localities often have this happen at the hands of state officials. When an individual is arrested at the state level, and then ICE is notified, the individual may be put on an ICE hold. This is an immigration hold request from federal law enforcement (ICE officials) to the state law enforcement agency where the undocumented individual is located, requesting that the individual be held for an additional 48 hours beyond the time they would have been released from state custody.
The reason ICE asks for the extra 48 hours is that they are essentially requesting additional time to locate the individual and take over custody, which means transferring the individual to ICE detention centers. Once in ICE custody, there is a greater likelihood that the individual will be deported.
So, even if an individual without legal status has the ability to resolve their state charges or they are able to post bond so they can be released from jail if they are on ICE hold, that will not immediately happen. An individual in this situation will still remain in detention for an additional 48 hours until ICE arrives and custody of the individual is transferred from state to federal law enforcement.
It is essential to understand that if ICE does not pick up an individual on ICE hold within the 48-hour window of time they are given, then the jail can release the individual back into the community.
Even though an ICE hold can, and most often does, result in an individual being transferred from state custody to immigration custody, being in immigration custody is not a guarantee that deportation or removal will happen. An individual in immigration custody will have their case reviewed, and a determination will be made as to whether they can remain in the country through some type of immigration relief or if they must be removed.
Speak with an Atlanta Immigration Attorney Today
For a consultation to discuss your immigration needs and case, please call Shirazi Immigration Law, Inc. at 404-523-3611. One of our immigration lawyers in Atlanta, GA, can assist you.
Source:
ice.gov/immigration-detainers
