Dealing with an ICE Hold


What is an ICE Hold?

If an immigrant resides in the United States without having any legal status, he or she can be the subject to an ICE Hold. An ICE hold occurs when Immigration and Customs Enforcements (ICE) puts a hold on an immigrant after being notified by the local law enforcement agency that the immigrant does not have lawful status in the United States. An ICE hold can also be put on an immigrant if they are a lawful permanent resident, or a green card holder, and he or she has committed a crime that could revoke the immigrant's resident status.

How does ICE learn that someone is in the U.S. unlawfully?

After an immigrant has been arrested or detained, local law officers will take the fingerprints of the immigrant and run those fingerprints through a state and federal database. Some times, the immigrant has been in contact with ICE before and his fingerprints alerts ICE of his location and the arrest. When an immigrant has not previously interacted with ICE, local law enforcement notifies ICE that the immigrant has no legal status. Once ICE receives this notification, an ICE hold is placed on the immigrant. Once the hold is placed, ICE files a detainer with the local law agency. The detainer forces the local law agency to notify ICE in advance of its intention to release the immigrant. Once an immigrant could be released, either because the criminal case was disposed of or the immigrant paid the bond on his case, ICE has 48 hours to take custody the immigrant. This 48 hours does not include holidays or weekends.

What should I do if a loved one has an ICE hold?

The first thing you need to know is that if an immigrant is detained in a local jail-- you should consult an attorney BEFORE bond is attempted to be paid. In most situations, once an immigrant has paid his or her bond, they do not get released to his or her family. Instead, the immigrant gets transferred directly to ICE custody as previously mentioned. Once an immigrant is transferred into ICE custody, ICE has the option to release the immigrant on his or her own recognizance (meaning the immigrant is free to leave without any restrictions); release the immigrant on bond and certain restrictions; or detain the immigrant and move him or her to a federal detention center used solely for immigration. In most cases, because the immigrant has likely been charged with a crime, ICE makes the decision to detain immigrants. When an immigrant is detained in North Carolina, South Carolina, or Georgia, ICE usually sends the immigrant to one of two detention centers in Georgia. These detention centers are Irwin Detention Center in Irwin, Georgia and Stewart Detention Center in Lumpkin, Georiga.

Let Hall & Dixon Defense Immigration Attorneys Help!

The immigration defense attorneys of Hall & Dixon, PLLC are here to help if you or a loved one encounter a scenario with an ICE hold. Our immigration attorneys will fight to protect the interest of immigrants who are facing removal from the United States. We understand the importance of getting loved ones out of detention centers and back to their family. It is important to contact us immediately if an ICE hold is placed on your or a loved one, as the more time we have to prepare the case, the more likely we can strategize to ensure the least amount of time in a detention center and provide a meaningful defense in removal proceedings.

Contact Hall & Dixon today to learn more about ICE holds and what we can do to assist you. Call or text us at 704-993-6825.
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