ICE Holds & Immigration Holds
If you are here illegally, or even if you are a legal permanent resident (LPR), and you are arrested for a crime, Immigration and Customs Enforcement (ICE) will place a hold on you and try to remove/deport you from the United States following your criminal proceedings. Depending on your circumstances, we can sometimes have an ICE hold removed, or have you released from ICE custody so that you can have your case heard before an Immigration judge. We can also visit a family member in jail, who has an ICE hold, and discuss options with them. It is important that that you or a friend are represented as early as possible by an Immigration Attorney. If you, or someone you know has an ICE hold, please call us to find out what your options are before signing any paperwork with the ICE officer. We provide free consultations. Call us today (559) 734-5342 (Se habla español) so that you can be represented by an ICE hold Lawyer.
FREQUENTLY ASKED ICE HOLD IMMIGRATION QUESTIONS
QUESTION: Once an ICE hold is placed on a person in custody for a criminal matter, can an attorney help me get the ICE hold removed?
ANSWER: Sometimes an attorney can have an ICE hold removed on a person in criminal custody. An ICE hold is a way of reminding the criminal agency not to release the detainee following his criminal proceedings but, instead, to turn them over to ICE for removal or deportation. Depending on the detainee’s criminal history, family ties in the United States, and presence in the United States, we can sometimes send a letter and a G-28 (Notice of Representation) to ICE and request that the ICE hold be removed. We have had several ICE holds removed within 24 hours of our written request. When an ICE hold is not removed, and depending on their criminal history, we can often have the detainee released the same day they are taken into ICE custody, but they are often issued an NTA (Notice to Appear) in the Immigration Court upon their release. We can also visit the detainee in jail to discuss the ICE hold with him/her and explain what will happen once ICE comes to pick him/her up. It is important that the detainee not sign any documents to be removed from the United States. Even if removal documents are signed, an attorney can still speak with the detainee and with ICE to have them rescinded so that he/she might have a chance to see an Immigration Judge.
QUESTION: Can an LPR (legal permanent resident) be deported?
ANSWER: Yes, an LPR can be deported or removed from the United States for certain criminal convictions. However, an LPR can also usually fight his/her removal in the Immigration Court. It is important to speak with an attorney to review all options before signing any removal documents with ICE. There are numerous programs and applications that the LPR may be eligible for in the Immigration Court, which could allow him/her to remain in the United States and retain the LPR status.
QUESTION: Can I visit my family member at ICE and take him/her food and clothing?
ANSWER: Yes, family members are usually allowed to visit detainees in ICE custody as long as they can provide a valid U.S. form of identification – if you are not a legal resident or U.S. citizen, it is not recommended as you may be taken into custody as well! Most ICE offices will allow family members to bring clothing and cash, but nothing else. An attorney is also allowed to visit a detainee in ICE custody. If you are going to visit someone in ICE custody you should do it as early as possible, as most ICE offices stop allowing visits by family members at 2:00 or 3:00 p.m.