Immigration Detention

If you are arrested by local police, they must charge you with a crime in court within 48 hours (not counting weekends and holidays), or else release you. If police do file criminal charges, then you must still be released if the charges are dropped, you are granted and post bail, you win your criminal case, or you complete your sentence.

Even then, the police or jail can hold you for another 48 hours if Immigration has placed a "detainer" on you. If Immigration has not picked you up within this 48 hours, then they must release you.

If the police don’t file criminal charges AND if immigration does not file a detainer, call an attorney or community organization to help you get released from police custody. They can write a demand letter to the jail or the sheriff.

DO NOT volunteer information about your immigration status to the police officer. Do not lie! Say only: “I want to speak with my lawyer.”

You have a right NOT to sign any statements or documents, especially ones giving up your right to a hearing in front of an immigration judge. If necessary, say you want to speak to a lawyer first.

Do NOT volunteer information about your immigration status. Anything you say will be used against you later on.

DO NOT LIE to an immigration officer! Lying to an immigration officer and lying about your status carries serious punishment.

You have the right to contact your consulate. The list of consulates and their phone numbers should be posted in the jail. If not, get the number from your deportation officer. Contact your consulate immediately. If you leave a message, give them your name, A number, where you were arrested, and the name of your deportation officer. The consul may be able to assist you in finding a lawyer or provide other services.

After you are arrested, you will be placed in a holding cell or temporary processing station where you will be fingerprinted and interviewed.

After being processed, you will be assigned a deportation officer. Write down the name and phone number of the officer assigned to your case.

Your immigration officer should give you a document, called a Notice to Appear (NTA), which contains the immigration, charges against you. This document will help you or a lawyer figure out your case. Make sure to ask for the document if it is not given to you within 72 hours of your arrest.

Make sure that you have your “A number” (alien registration number (A99 999 999), found on your green card or documentation provided by immigration). If you do not have the number with you, contact a family member and ask them for your number. If you never received an “A number,” you will be assigned one when you are processed at the detention center, and you should ask the deportation officer for this number immediately.

You could be transferred in the middle of the night, so keep a copy of all your legal documents with you at all times. If your papers are stored with detention/jail, ask the staff for your legal papers immediately after you hear that you are being moved.

You have the right to make a telephone call after you are detained. Memorize the telephone number of your attorney, family member, friend or union spokesperson, and contact him/her immediately.

Your phone calls may be blocked. If you have trouble reaching your family or attorney, ask jail staff if they have blocked the number. Also, have your family contact their local telephone company to make sure that they can receive phone calls from the detention center or jail.

If your family does not know where you are detained, they should contact the local office of Immigration and Customs Enforcement’s Detention and Removal Branch in the area. They should have your full name and “A number” ready. Contact ICE headquarters at 202-305-2734 if they do not know the number for the deportation office. This information is also available online at: http://www.ice.gov/about/dro/contact.htm.

Tell your family to check the jail’s visitation rules. Some jails require that you provide a list of visitors’ names ahead of time. Tell undocumented family members not to visit you.

A bond is an amount of money paid to the government as a guarantee that you will attend all hearings and obey the judge’s final order. You have to pay the full amount. Bond must be paid by cashier’s check or a bank money order, payable to the Department of Homeland Security. The person paying the bond MUST have some kind of immigration status and identification. He/She can pay the bond at any ICE office.

Sometimes individuals are released without having to pay bond. This is called “release on your own recognizance.” You must comply with the terms of release, otherwise you risk being redetained. This is usually granted to individuals with special conditions, like pregnancy.

You should always request a bond hearing! You may not be eligible for bond if you: (1) have a previous deportation order, (2) have certain criminal convictions, (3) were arrested at the border/airport or (4) the government suspects you have terrorist ties.

In this hearing, the judge considers whether you present a danger, a national security threat, or a flight risk. You should submit any documents that show you have a permanent address, stable employment, relatives with legal status in the United States, and any evidence of strong ties to the community. You should also ask family and friends to attend the hearing and to testify to these issues or send written letters of support.

If you have a criminal record, you should get a copy of your criminal history and have an immigration attorney experienced in deportation review it to see if you are eligible for bond. You can get information from the County Clerk’s office in the county in which you were convicted or from your former criminal defense attorney.

If you cannot afford to pay the bond, you can ask the immigration judge to lower your bond at the bond hearing. The judge has the power to decrease the bond to $1,500.