If your loved one has been detained by U.S. Immigration and Customs Enforcement (ICE), do not lose hope.
This does not necessarily mean he or she will be deported. However, you should engage a competent advocate to help you manage the crisis. Consult an experienced, knowledgeable, and trust-worthy attorney before accepting deportation as the only option for your loved one.
Why was my loved one detained by immigration?
There are a few possible reasons why someone may be detained by immigration:
- He or she committed a crime
- He or she was found to be undocumented during a raid, at a checkpoint, or during a traffic stop at or near the border
- He or she attempted to cross the border without proper documentation
If your loved one was charged with a crime, is it possible he or she was brought into state, federal, or local jail and then taken into ICE custody.
Where is my loved one being detained?
If you know your family member or friend was arrested and cannot find him or her in the local jail, you might need to locate them using the ICE Online Detainee Locator System.
We at Walker Gates Vela can assist you in locating your detained loved one in either criminal or immigration detention.
Getting Released From ICE Custody
For someone to win release from jail or immigration custody, he or she must be neither a flight nor a security risk. Be prepared to present evidence of the detainee’s stability and positive track record in the United States, such as:
- Identification evidence
- Green card or visa
- Stable address
- Work history
- Birth certificates of a spouse and/or children
- Titles to property
Immigration bonds – If someone you love is in ICE custody, you may be able to secure an immigration bond to secure his or her release. Not all detainees are eligible for a bond and may be subject to mandatory detention – these are usually individuals accused of serious crimes. If your loved one qualifies for a bond, ICE will set a bond amount and your attorney can work to negotiate a more favourable rate.
Deportation laws – Under U.S. immigration law, if your loved one is undocumented, he or she may face deportation, also known as removal. Deportation is unlikely if the person is in the country legally and is convicted of a minor offense. However, deportation may be eminent if any immigrant is convicted of:
- Aggravated felonies, such as rape, murder, or arson
- Failing to register as a sex offender
- Domestic violence
- Gun or drug-related charges
To ensure your loved one’s safe stay in the United States, you must retain an attorney who knows the complex relationship of the criminal and deportation laws. At Walker Gates Vela, we have the knowledge and experience to ensure that the immigration laws are taken into account at every phase of a criminal legal matter.
We at Walker Gates Vela have a great deal of experience successfully managing criminal and immigration detention. We are happy to work with you to minimize the negative consequences of an encounter with ICE or the police. Call our Austin location at 512-633-1785 or contact us online today.