An immigration hold, also known as an ICE hold or immigration detainer, can cause the government to detain a person even after they post bail or secure a release from jail for other charges. An immigration hold can leave you, family members, and loved ones in a difficult position of uncertainty and fear.
When police arrest or charge you with any crime, you need a criminal defense lawyer in your area who understands the local courts, jails, law enforcement agencies, and criminal justice system. If you are a non-citizen, you need a criminal defense attorney who also understands ICE holds and related immigration implications.
You are not alone during this incredibly distressing and overwhelming experience. A lawyer can explore the options available to you if you face an immigration hold. Consult a criminal defense lawyer about your case immediately and discuss both your criminal charges and immigration concerns.
What Is an Immigration Hold?
The U.S. Immigration and Customs Enforcement (ICE) can request a local law enforcement agency to hold an individual in custody for an additional period, usually up to 48 hours beyond when they should typically release them. This period gives ICE time to determine if they will take custody of the person for potential deportation proceedings.
ICE uses these holds to facilitate the transfer of individuals who may not have legal status in the U.S. or have pending immigration issues into federal custody, sometimes without formal judicial oversight.
When you are placed under an immigration hold, it means that even if you are released from police custody for your criminal charges, you will not be set free to go home. Instead, ICE will detain you for deportation or removal proceedings at Krome Detention.
This holds true even if a court has not convicted you of a crime or it eventually drops the charges against you. A mere accusation of a crime can often result in an ICE hold and set such proceedings into motion.
You can visit loved ones incarcerated at Krome, but adult visitors must must make an appointment, arrive 45 minutes early, present government-issued photo identification, and undergo a search. Minors must come with adults. Visitors must abide by dress codes. Different rules and visiting hours apply to consular officials, clergy, and attorneys. A lawyer can help you navigate these restrictions so you can see your loved ones.
If you are a non-citizen in police custody following an arrest or during pre-trial procedures, you need proper criminal defense representation to address your criminal charges and consider the implications of your immigration detainer on your case.
How ICE Holds Affect Criminal Defense Strategy
The presence of an immigration hold can significantly affect your criminal defense strategy. The right criminal defense lawyer should understand the potential consequences and consider them when making decisions regarding your defense.
Affecting Access to Diversion Programs or Probation
An immigration hold can also affect your eligibility for diversion programs or probation. These programs often allow individuals charged with certain offenses to avoid incarceration and instead receive counseling, community service, or other alternative forms of punishment.
However, if you are subject to an immigration hold, you may not qualify to participate in these programs.
These programs require you to be out of jail and able to report to appointments, meetings, drug tests, and other obligations. You cannot do this if you are on an immigration detainer, so prosecutors might not even consider diversion programs in your case.
Further, an immigration hold may prevent probation or a suspended sentence from being an option in your case instead of incarceration. In some cases, ICE may take you into custody and initiate deportation proceedings, so prosecutors know you cannot complete a full probation sentence. They might not consider such alternative sentencing, so they might recommend jail time instead.
Consult with an experienced criminal defense attorney with knowledge of criminal law and immigration law to address these complex issues and protect your rights.
As a Non-Citizen, You Need a Criminal Defense Lawyer with Immigration Knowledge
If you are an immigrant facing criminal charges as a non-citizen, you must have a criminal defense lawyer who understands the intersection of criminal law and immigration law. The severe consequences of criminal convictions for non-citizens include deportation, exclusion from re-entry to the United States, and long-term immigration consequences.
A criminal defense lawyer with immigration knowledge can explain the potential immigration consequences of your criminal case and work toward the best possible outcome regarding all legal aspects of your case.
They can craft a defense strategy that considers your immigration status and works towards minimizing the effect of criminal charges on your immigration status.
Consult an Experienced Criminal Defense Attorney Now
If you face an immigration hold after an arrest on criminal charges, don’t wait to take action. Consult an experienced criminal defense attorney who can guide you through this challenging situation and protect your future.
An attorney with knowledge of both criminal law and immigration law can provide you with the best possible defense strategy and lead you through the process.
Remember, you are not alone. The right criminal defense law firm is here to support you. Contact an attorney near you for a consultation, and let them fight for your future. Don’t let a criminal charge or immigration hold define your life – take action now.