Individuals residing in the United States under special circumstances are governed by a strict set of standards. Because they are not citizens or permanent residents, immigrants with temporary or undocumented residency in the country cannot be detained and prosecuted for criminal activity in the same way as others. If someone under these circumstances is arrested for suspected criminal activity, they may be released into the custody of Immigration and Customs Enforcement (ICE), which acts as the criminal enforcer for temporary and undocumented immigrants.
Is a loved one being held at an ICE detention center? Call (617) 902-0100 for immediate, experienced help. Our Malden immigration lawyers can offer the counsel you need.
Unlike the domestic justice system, ICE detention does not operate on the same standards and rights as U.S. law enforcement. While domestic law enforcement usually considers the option for release on bail, ICE’s standards for immigration bond qualification are far more stringent.
To be held in custody without bail, a suspect must fall under one the following categories:
Detention is also mandatory without bail for individuals facing deportation based on a criminal conviction.
If you believe that your mandatory detention with ICE is not correct, you can request a hearing, known as a “Joseph Hearing,” to present your argument and ask the judge to provide you with the option for bail. If you set out on such a task, it is important to have the assistance of an attorney who can represent your case and defend your rights.
Our Malden immigration lawyers practice in the fields of both immigration law and criminal defense. This provides them with a combined insight to offer clients facing criminal detention with ICE.