Detention by ICE/CBP
ICE and CBP Detention Attorneys in Miami, FL
If you or a loved one has been detained by Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP), Arias and Pereira, PLLC will work immediately and effectively to schedule a bond hearing as soon as possible, request a feasible and attainable bond, and/or demand sufficient conditions for your release. Having the right immigration detention lawyer by your side can make all the difference in protecting your rights and your future. Contact Arias and Pereira, PLLC as soon as possible at (786)360-1341 or click “Contact Us” to allow our experienced Miami immigration attorneys to help you.
What Is Immigration Detention?
Immigration detention occurs when federal immigration authorities take an individual into custody in connection with immigration enforcement or immigration proceedings. Unlike detention following a criminal conviction, immigration detention is generally part of the civil immigration system.
Depending on the circumstances, an individual may be detained while the government determines whether they may remain in the United States, while removal proceedings are pending, or while removal from the country is being arranged.
ICE Detention
U.S. Immigration and Customs Enforcement, commonly known as ICE, is responsible for various immigration enforcement functions, including detention and removal. ICE may detain individuals who are subject to immigration enforcement while their cases are being processed or while removal proceedings are pending. Some individuals may also be detained while the government carries out a removal order.
Whether someone may be released from ICE custody depends on the applicable immigration laws, the individual’s immigration history, and the circumstances of the case. Some individuals may qualify to request release on bond or another form of custody review. Others may be subject to mandatory detention or other restrictions that affect their eligibility for release.
CBP Detention
U.S. Customs and Border Protection, commonly known as CBP, is responsible for border enforcement and processing individuals encountered at or near U.S. borders and ports of entry. CBP custody may occur when someone arrives at a port of entry, is encountered near the border, or is undergoing immigration processing.
Individuals in CBP custody may be transferred to ICE, released, processed for immigration proceedings, or placed into removal procedures, depending on their circumstances. The length of detention and the next steps depend on the individual case.
Why Might Someone Be Detained by ICE or CBP?
There are several reasons an individual may be taken into immigration custody. Every case is different, and detention does not automatically mean that a person has committed a crime or that they will be deported. Common circumstances may include:
- Being encountered by immigration authorities at or near the U.S. border.
- Being placed in immigration removal proceedings.
- Having a prior removal or deportation order.
- Being arrested during an immigration enforcement operation.
- Having certain criminal convictions or pending criminal matters that affect immigration custody.
- Being subject to immigration detention requirements under federal law.
- Being transferred from another detention facility or government agency.
- Entering the U.S. without valid documentation
- Visa overstays or immigration status violations
The legal basis for detention is important because it may affect whether the individual can request release, seek a bond hearing, or pursue other legal options.
What Happens After Someone Is Detained?
The process following an immigration arrest or detention depends on the agency involved, the individual’s immigration history, and the legal basis for custody. Although each case is different, several steps may occur.
- Immigration Processing: After being taken into custody, an individual may undergo questioning, immigration processing, and review of their immigration history. Depending on the circumstances, immigration authorities may issue a Notice to Appear in immigration court.
- Transfer to an ICE Detention Facility: An individual initially detained by CBP may later be transferred to ICE custody. Because transfers can occur, family members may need to check the detainee’s location regularly.
- Immigration Court Proceedings: Some detained individuals are placed in removal proceedings before an immigration judge. During removal proceedings, the government seeks to establish that the individual is removable under immigration law. The individual may have the opportunity to present defenses, apply for available forms of immigration relief, and challenge the government’s allegations.
- Custody Review and Possible Release: Depending on the applicable law, an individual may be eligible to request a custody review or bond hearing. However, release is not guaranteed. Certain individuals may be subject to mandatory detention or may fall within categories where an immigration judge lacks authority to conduct a bond hearing.
An attorney can evaluate the legal basis for detention and determine whether a request for release may be available.
What to Expect After Immigration Detention
After being detained, transferred to an ICE detention center, and/or placed in removal proceedings, it is crucial to have a lawyer who understands both the law and the immigration system. At Arias and Pereira, PLLC, our immigration detention attorneys can:
- Request a bond hearing or parole request to seek release from detention
- Represent you in immigration court
- Identify defenses to removal, such as asylum, cancellation of removal, or adjustment of status
- Protect your rights while navigating the immigration system
Immigration Bond
An immigration bond is a financial guarantee to help ensure that an individual complies with immigration requirements, including appearing for future proceedings when required. Depending on the case, ICE may initially set a bond amount. In certain circumstances, an individual may request that an immigration judge (IJ) review the custody determination and consider whether release on bond is appropriate.
Not every detained individual qualifies for bond or may request a bond hearing before an immigration judge. When evaluating bond eligibility, relevant considerations may include the applicable detention statute, criminal history, immigration history, and whether the individual presents a danger or a risk of failing to appear for future proceedings.
Release on Parole or Other Custody Arrangements
In some circumstances, immigration authorities may consider release through parole or another authorized custody arrangement. The availability of these options depends on the individual’s circumstances and the applicable legal requirements. Release should never be assumed simply because someone has family members in the United States, has lived in the country for many years, or has a pending immigration application.
What If Someone Is Not Eligible for Bond?
If an individual is not eligible for a bond hearing or release under the ordinary procedures, an experienced immigration attorney may need to evaluate other legal options. Depending on the circumstances, legal options may include reviewing the legal basis for detention, challenging custody decisions, pursuing available immigration relief, or evaluating whether federal court review may be appropriate.
What Should You Do If a Loved One Is Detained by ICE or CBP?
If a family member has been detained, here are essential steps to take that can help you locate them and begin assisting them:
Try to Locate the Individual
The ICE Online Detainee Locator System allows the public to search for individuals currently in ICE custody and certain individuals who have been in CBP custody for more than 48 hours. You can search the locator system using the person’s Alien Registration Number (A-Number), or certain identifying information.
If the individual was recently detained, their information may not yet appear in the system. You may need to contact the appropriate ICE field office or detention facility directly. The locator also does not provide records for individuals under 18.
An individual may be held in a facility different from the location where they were initially arrested. If the individual has been transferred, it may be necessary to contact multiple agencies or facilities to confirm their current location.
Gather Important Documents
If possible, collect copies of documents relating to the individual’s immigration history. These may include:
- Green Card or employment authorization document
- Passport or other identification
- A-Number and immigration paperwork.
- Prior immigration applications or court notices.
- Criminal court records, if applicable.
- Marriage certificates or other family relationship documents.
- Information about prior immigration orders or proceedings.
Having these records available can help an attorney evaluate the case and identify potential legal issues.
Seek Immediate Legal Assistance
An immigration attorney can review the available information, explain the individual’s legal dilemma, and help identify potential options for release or immigration relief. At Arias and Pereira, PLLC, we understand that every detention case involves unique circumstances. Our approach focuses on evaluating the individual’s immigration history, understanding the basis for detention, and determining the appropriate legal strategy.
Detained? How an Immigration Attorney Can Help You
Arias and Pereira, PLLC is devoted to providing representation for individuals detained by ICE, and aggressively fighting for their release while ensuring their constitutional rights are protected. Our immigration attorneys have helped numerous detainees return home to their families and to continue making a living in the United States. At A&P, or immigration attorneys are prepared to use our knowledge, skills, and experience to ensure you receive quality counsel and defense.
If you or a loved one is faced with an egregious bond amount, have been detained by ICE or CBP, or require representation at your upcoming bond hearing, contact our team at Arias and Pereira, PLLC at (786)360-1341 or click “Contact Us” immediately for effective legal representation to give you the best chance at being released.
Disclaimer: This page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Immigration laws, policies, and procedures may change. Detention and release decisions depend on the facts of each individual case. Consult an immigration attorney at Arias and Pereira, PLLC today regarding your specific immigration matter.