Who Is Subject to Immigration Arrest and Detention?

The Department of Homeland Security (DHS) has the authority to arrest and detain non-US citizens under certain conditions. If there is probable cause to believe that a person should be deported from the United States, DHS can take action. Reasons for detention by DHS and its enforcement arm, Immigration and Customs Enforcement (ICE), include:

• Committing a crime or multiple crimes.
• Arriving at the border without a visa before applying for asylum or refugee status.
• Having an outstanding removal (deportation) order, either pending or past due.
• Missing previous immigration court dates.

Which Agencies Detain Immigrants?

The primary agencies responsible for detaining immigrants are the offices of Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) under the U.S. Department of Homeland Security (DHS). While CBP typically detains migrants for short periods at processing centers, ICE handles longer-term detentions.

What Happens During Immigration Detention?

Once detained, DHS processes individuals at facilities where they undergo interviews and assessments to determine custody. Factors influencing these decisions include criminal history, prior deportations, visa violations, community ties, and other relevant data. Detainees may be held locally or transferred across the country depending on facility availability and individual circumstances.

How to Release from Immigration Detention?

There are several pathways to release from immigration detention, including:

• Parole and Humanitarian Parole: Temporary release based on specific conditions.
• Bond Proceedings: Detained noncitizens may be released on bond, set initially by DHS, with the possibility of adjustment by an immigration judge during a bond hearing.
• Post-Order Custody Review and Writ of Habeas Corpus: Legal procedures that challenge the legality of detention or argue for release under specific grounds.

What is Release on Recognizance (ROR) in Immigration Cases?

"Release on recognizance" (ROR) allows a detainee to be released without financial bail, based on a signed agreement to appear at all court dates. Form I-220A, or the Order of Release on Recognizance, details the conditions set by immigration officials.

Duration of Immigration Detention

The length of time a person can be detained varies based on the type of detention, eligibility for immigration relief, and any existing immigration or criminal records in the U.S.

How Najib Hakimi PLLC Can Assist in Immigration Detention Cases

At Najib Hakimi Law PLLC, our legal team specializes in navigating the complexities of immigration detention. We offer comprehensive legal services to evaluate your case, defend against charges, negotiate resolutions, and ensure your rights are protected throughout the process. If you or someone you know requires urgent legal assistance regarding detention, contact us at (+1)360-390-3936 or complete our online form to schedule a consultation.