What is Immigration Detention?

In the US, Immigration and Customs Enforcement (ICE) is responsible for upholding current immigration laws and regulations. This means they’re required by law to detain immigrants based on several factors. One requirement ordered by Congress is that ICE must maintain a steady rate of 34,000 persons in immigration detentionat any given time.

What Is Immigration Detention?

Immigration detention is the act of detaining immigrants while they await the determination of their immigrant status. It’s also used to detain immigrants who are facing potential deportation. 

Immigrants are often detained while trying to enter the US without a visa or after:

  • Committing a crime
  • Being found to have an outstanding deportation order on file
  • Skipping immigration hearing dates
  • Being found to be a flight risk

The number of detained immigrants has increased in recent years. Texas is home to several immigrant detention centers, including centers in Dallas, Haskell and Taylor. Unfortunately, these detention centers resemble jail or prison and often don’t fulfill all the needs of the immigrants detained.

Immigration Detention: What Are Your Rights?

It’s important to know that immigration detention isn’t an arrest. It isn’t a criminal procedure. ICE uses detention to make sure an immigrant appears before the court. If your loved one has been detained by ICE, they do have rights while they await determination.

First, you have the right to locate your detained relative. Additionally, the detained individual may be eligible for release on bond—an amount of money paid to ICE to ensure the immigrant attends future court dates. 

If you’re told that your loved one isn’t eligible for bond, you have the right to seek legal counsel. An immigration attorneycan help you assess whether ICE’s determination is the right one. If your attorney believes there to be a mistake, bond eligibility can be challenged through a hearing.

An attorney can also help you locate your loved one if you’re unable to. They’ll also support you as you move through the process, ensuring you’re aware of your rights and the rights of your detained loved one.

Reach Out to an Immigration Attorney Today

Have you recently discovered a family member has been detained? Are you concerned about your possible detention or deportation? Don’t wait to call an immigration attorney. To learn more about detention or to speak with an attorney, give us a call at 972-445-7577or send us a message today.

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