What to Do When Arrested

ICE Detainers and Bonds: What to Do When Arrested

The Arrest by Local Police or by ICE

When a noncitizen is arrested, what happens to a person depends on whether they are arrested by ICE (Immigration Customs Enforcement) or by the local police.

 

A  determination is supposed to be made within 48 hours (1) whether the person is to be kept in custody or released on bond, and (2) whether an arrest warrant for the person will be issued and/or whether he or she will be issued an ICE Detainer or a Notice to Appear (NTA).

 

What Happens When You Are Arrested by ICE (Immigration Customs Enforcement)

 

What Happens When You Are Arrested by the Police


In Custody by Local Police

 

If you are being held in custody by local police because of criminal charges or arrests, then you may be held for questioning for a reasonable time depending on what the charge is, what evidence the  police have against you that incriminates you, and the scope of their investigation involving you.  Typically though, police will hold a person between 24-48 hours for questioning and if there is much evidence by the police of your commission of a crime then the police may hold you until they can have an application for an arrest warrant granted.

 

If you are charged or held by the police, then the state authorities may also at the same time contact Immigration Customs Enforcement or ICE if they suspect or determine that you are not a US citizen or that you are here in the United States undocumented or without proper authorization.  It is at this point that an ICE Hold or ICE Detainer may be placed on you which can further affect your time in custody.

 

What is an “ICE Hold” or “ICE Detainer?

An “ICE Hold” or “ICE Detainer” is a written demand from ICE (Immigration and Customs Enforcement) that requires state authorities to hold you so that ICE can take you into custody after you are released from state custody.  An “ICE Hold” does not mean that the person must leave the country immediately and in some cases it does not mean that the person has to leave the country at all.

It does mean that you should contact JEFFREY Y. BENNETT LAW immediately to review the undocumented immigrants’ information and to see if a person is eligible for release or will be held in mandatory detention, eligible for an immigration bond and at what amount, whether a hearing will be required to set a bond, and what immigration options are available for the detainee to start pursuing before ICE, Immigration Court, or USCIS (United States Citizenship and Immigration Services).

What Should I do if Someone Has an ICE Hold or ICE Detainer?

Do not post the bond and tell the person to not plead guilty or admit to any charges in hopes of speeding up the process.  Often, a person may be eligible for a criminal bond or  immigration bond, but it is important that you contact JEFFREY Y. BENNETT LAW before making any decisions or taking any actions.

LOCATE ANY IMMIGRATION DOCUMENTS AND PERSONAL INFORMATION ON THE DETAINEE

You should locate any immigration documents relating to your loved one, the detainee’s birth certificate, and their passport.  Find out what detention facility your family member is located in, their bond amount, and if there are criminal charges pending, find out what they are charged with.  If your family member has been served any paperwork by immigration, it will include an Alien number (A #), ask your loved one for that number. Set up an appointment with JEFFREY Y. BENNETT LAW and bring in all the documents listed.

Custody at an Immigration Detention Facility (ICE Detention)

Typically, a detainee is moved several times to different jails.  Without an attorney, it is sometimes difficult for family members to find the exact location of their loved one.  Jeffrey Y. Bennett Law can locate your family member and each time they are moved, will provide you with all the necessary information concerning the facility where your relative is located.

If your friend or family member has been picked up by ICE (Immigration Customs Enforcement) officers (even if not necessarily an illegal immigrant), he or she will be taken to an immigration detention facility  (ICE detention facility) that is either operated by ICE or is a contracted facility usually operated by a local county in your state.

ICE Online Detainee Locator System:

Click on the website below to  locate a detainee who is currently in ICE custody, or who was released from ICE custody for any reason within the last 60 days:
http://www.ice.gov/locator

Note: Online Detainee Locator System cannot search for records of persons under the age of 18.  Also you must wait until the person actually gets booked into the ICE facility before they will show up on this online detainee search system. 

There are two ways to search for a detainee:

1) Search by A-Number

If you know the detainee’s A-Number, ICE recommends you use the A-Number search. The A-Number must be exactly nine digits long. If the A-Number has fewer than nine digits, please add zeros at the beginning. You are also required to select the detainee’s correct Country of Birth.

* A-Number: (e.g., 012345678)

* Country of Birth:

2) Search by Biographical Information

When searching by name, a detainee’s first and last names are required and must be an exact match (e.g., John Doe will not find Jon Doe or John Doe-Smith). You are also required to select the detainee’s Country of Birth. It is optional to enter the detainee’s Date of Birth to further narrow the search. Note that all value input below are evaluated for exact matches.

Country of birth is required.
First name is required.
Last name is required.

* First Name:

* Last Name:

* Country of Birth:

Date of Birth:

 

ICE detention facilities in Missouri:

ICE Kansas City Facility-Kansas City, MOTel: 816-880-5000

Address:

9747 NW Conant Ave

Kansas City, MO 64153-1864

Visiting Hours:

Monday to Friday 8am-4pm

Detainees  must apply ahead of time to get visitation rights.

Visitors need a photo id.  A visitor cannot be undocumented, have an outstanding arrest, warrant, or be on probation

Children don’t need identification if with their parentsMorgan County-Versailles, MOTel: 753-378-6860 ext 5 for ICE

Address:

211 E. Newton

Versailles, MO 65084

Visiting Hours:

Wed 6-8pm

Sun 1-3pm

Detainees get one 15 min visit per time with up to 4 persons including children. After 30 days in detention, a person can apply for 30 min visits.

Visitors need a photo id.  A visitor cannot be undocumented, have an outstanding arrest, warrant, or be on probation

Children don’t need identification if with their parentsCaldwell County-Kingston, MOTel. 816-586-5245

Address:

280 W. Main St

Kingston, MO 64650

 

Visiting Hours by application only:

Tues 7:30pm

Fri 7:30pm

Sat 1pm or 7:30pm

Sun 1pm or 7:30pm

Detainees  must apply ahead of time to get visitation rights.

Detainees get one 15 min visit per time with up to 4 persons including children. After 30 days in detention, a person can apply for 30 min visits.

Visitors need a photo id.  A visitor cannot be undocumented, have an outstanding arrest, warrant, or be on probation

Children don’t need identification if with their parents

 

ICE detention facilities in KANSAS:

ICE Headquarters-Wichita, KSTel. 316-293-2435

Address:

217 W. 3rd Street, North, Suite 1050

Wichita, KS 67202

Visiting Hours by application only:

Monday-Friday 8am-3:30pm

 

Detainees  must apply ahead of time to get visitation rights.

Visitors need a photo id.  A visitor cannot be undocumented, have an outstanding arrest, warrant, or be on probation

Children don’t need identification if with their parents

For more information or to Schedule a Personal Consultation Contact:

Jeffrey Y. Bennett
Jeffrey Y. Bennett Law

1828 Swift Avenue, Suite 425
North Kansas City, MO 64116
Tel: 816-759-2776 English
Tel. 816-759-2777
Espanol
www.JYBennettLaw.com

 

Visiting your friend or family member in detention

Once you have found your friend using the ICE detainee locator tool linked above, you can visit the website of the detention center/prison to find out their visiting hours and whether or not you can call them or send money. You may not have access to your friend or family member the first day or two that they are detained, but within a few days you should be able to visit.  Know what times you are allowed to visit before you go and be prepared for long waits or periods of time where you will not be allowed access due to different procedures that might be going on that day. The actual visiting experience may vary depending on what facility they are located at, but most of the time you are allowed to see them for 30 minutes and will talk to them through a glass window or partition.  Be sure to check the website and prison rules to see if you will be able to give them small items like cards or photos while you are there.

 

In custody by ICE

The decision by ICE whether to keep the person in custody or to release the person should be documented on Form I‑286 (Notice of Custody Determination), and the officer who makes the decision should note on the form the time and date that he or she made the decision.

 

The ICE officer should also note on the I‑286 whatever immigration-related charge the officer believes reasonably applies to the detained person, including the provision of the INA under which the charge would be brought. The completed I‑286 should then be served on the detained person within 48 hours of the time the person was arrested.

 

Once ICE decides to process an individual for removal proceedings, they must issue a Form I-862, Notice to Appear (NTA) in removal proceedings. The Notice will generally list the allegations on which any charge that the individual is subject to removal is based, list a date for an initial removal hearing and inform the person of their rights to competent translation, immigration attorney representation and fundamental fairness in the proceedings.

 

ICE / DHS investigations can only last up to 48 hours (weekends and holidays excluded). A typical interview can will take between 25 and 35 minutes and the immigration officer will check various databases such as the Deportable Alien Control System (DACS) in order to help determine whether to begin the deportation process.

Immigration Bonds and Bond Hearings

If eligible for and able to post an immigration bond, he/she will be released during the removal proceedings.  Removal proceedings can last a very long time, so it is highly recommended that anyone facing deportation post an immigration bond if at all possible.

 

If a person is being released by ICE then you may be able to post or pay the immigration bond at a local ICE field office.

 

Like state and federal bonds, immigration bonds are designed to guarantee the appearance of the detainee at all removal hearings before the Immigration Court.

 

Immigration bonds are immediately forfeited (given up) if the detainee does not appear for a required hearing.

 

Not all detainees are allowed to be released on bond. On the basis of possibly illegal immigration status and/or criminal history, certain persons may be subject to mandatory detention. A person subject to mandatory detention must fight against deportation from inside detention.

 

Generally persons who are not “arriving aliens,” criminals, or terrorists are allowed to apply for a bond.

 

Many clients with criminal convictions, however, are not eligible for release on immigration bond and will therefore be detained until the completion of removal proceedings.

 

Mandatory detention provisions apply to the following persons who are released from physical custody after October 9, 1998:

 

  • Persons who are inadmissible by reason of having committed any offense covered in the criminal grounds of inadmissibility
  • Persons who are subject to deportation for having committed two or more crimes involving moral turpitude (CMT)
  • Persons who are subject to deportation for an aggravated felony
  • Persons who are subject to deportation for a drug offense
  • Persons who are subject to deportation for a firearm offense
  • Persons who are subject to deportation for security-related crimes
  • Persons who are subject to deportation for having committed a CMT for which the actual sentence of imprisonment is one year or more
  • Persons who are subject to deportation for involvement in terrorist activity

The mandatory detention provisions do not apply to the following:

  • Persons who are deportable for having committed one CMT for which the actual sentence of imprisonment is less than one year
  • Persons who are deportable for a domestic violence-related offense

 

Usually when you are taken into custody by ICE, your bond will be set by ICE.

 

Sometimes ICE may release you on your own “recognizance.” This means you do not have to pay a bond. Even if you did not have to pay a bond to be released, you must show up for all hearings before the Immigration Court.

 

If ICE does not set a bond for you, you can apply for a bond determination hearing with an Immigration Judge. You do not have to wait for ICE to issue a Notice to Appear (NTA)—you can apply for a bond as soon as you are taken into custody.

 

If ICE sets your bond in an amount that you think is too high, you can apply for a bond redetermination hearing with an Immigration Judge. But you should be careful and consult with JEFFREY Y. BENNETT LAW before asking for this hearing, since the Immigration Judge may reset your bond in an amount higher than the one set by ICE.

 

In determining the amount of your bond, the Immigration Judge usually looks at these things:

  • Your family ties in the United States;
  • Your criminal history;
  • Your employment;
  • Your financial ability to pay a bond;
  • Your membership in community organizations;
  • How you came to, and how long you have been in, the United States;
  • Whether you have committed any immoral acts or participated in subversive         activities; and
  • Your eligibility for relief from removal.

 

The Immigration Judge is not allowed to set a bond below $1,500.00. This means that if a bond is set for you, it will be at least $1,500.00. After the Immigration Judge sets your bond (or decides that you are not eligible for bond), you may appeal the Immigration Judge’s decision to the Board of Immigration Appeals.

 

If, after your bond redetermination hearing, you still disagree with your bond amount, you can apply for another bond redetermination hearing. However, you can only apply for another bond redetermination hearing if your circumstances have significantly changed since your prior bond redetermination hearing.

 

Your bond determination case is separate from your immigration case. However, even if you get released on bond, you must show up for all hearings before the Immigration Court.

 

It is important for you to understand that a bond hearing does not stop your immigration case. No matter what the judge decides in your bond case, and whether or not you appeal that decision, your immigration case and removal proceedings continue. For example, if you have an immigration (or “removal”) hearing scheduled for two days from now, and at a bond hearing today, the judge sets a bond in your case, you will still have an immigration hearing (“removal hearing”) two days from now, as long as your bond has not been paid by then. If you pay your bond and give the judge a paper asking to have your immigration case continued at a different location (near where you live in the United States), you will not have an immigration hearing two days from now, but you will have another immigration hearing in the near future.

 

Once a judge makes a decision about your bond, the decision is final. You do have the right to appeal unless the judge made a legal mistake.

 

Posting Immigration Bonds

These bonds are posted when a person has been placed into removal proceedings while in the United States. The person supplying the bond money must show proof of identity and lawful immigration status. This person (the obligor) is responsible for ensuring that the alien presents himself before an officer or agent of this agency whenever a request is made. For bond information, please call your local ICE and ask to speak to the Deportation Officer handling the case. You must have the last name of the detainee and alien registration number before calling.

To post an immigration bond for an alien being detained by ICE, you must post the bond at your local US ICE office. Acceptable bond forms of payment are Cashier’s Check from a bank or Postal Money Order. These must be made payable to the “U.S. Department of Homeland Security”.

For further questions about bonds, please contact the Debt Management Center:

Debt Management Center
Attention: Bond Unit
P.O. Box 5000
Williston, VT 05495-5000
Telephone: (802) 288-7600
Fax: (802) 288-1226

What is the chance for an Immigration Bond?

If a family member or friend has been arrested and has an ICE hold, contact Jeffrey Y. Bennett Law at 816-759-2776 for English or 2777 for Spanish. We can  review your family member’s case and give you the likelihood of his or her release from jail and what his options are in both immigration court and local courts.

Choosing an Immigration Attorney

 

The attorney that you select for your loved one is very important.  They will be able to visit your friend or relative and prepare the best case for the bond hearing.   They will be able to meet with them outside of regular visiting hours.

 

The main thing that a lawyer will want to do is to get your friend or relative released on bond, and they will be able to use information that they get from speaking with friends and relatives to help make the case in court.

 

Help your loved one by providing the lawyer with information and proof on ties to the US, information about US citizen family members (marriage to a US citizen, US citizen children), connection to the community etc.  You can also help by attending the bond hearing to show the actual support that your friend or relative has from the community.  Also, be prepared to help by submitting a written affidavit about your relationship with your friend or relative and the type of support that you will be able to provide once they are released.

For more information or to Schedule a Personal Consultation Contact:

Jeffrey Y. Bennett
Jeffrey Y. Bennett Law

1828 Swift Avenue, Suite 425
North Kansas City, MO 64116
Tel: 816-759-2776 English
Tel. 816-759-2777 Espanol 
www.JYBennettLaw.com


 Jeffrey Y. Bennett

Jeffrey Y. Bennett Law

1828 Swift Avenue, Suite 425, Kansas City, MO 64116

Tel. 816-759-2776 English Line

Tel. 816-759-2777 Espanol Line

Fax. 816-759-2769

JYB@JYBennettLaw.com

www.JYBennettLaw.com

                                                                                                          Marshall Office: 3 N. Lafayette (Thomas Bolling Law Office building)

                                                                                                          Sedalia Office: 416 S. Ohio Ave. (Gardner Law Office building)

 

Example of an ICE Detainer Form I-246


For more information or to Schedule a Personal Consultation Contact:

Jeffrey Y. Bennett
Jeffrey Y. Bennett Law

1828 Swift Avenue, Suite 425
North Kansas City, MO 64116
Tel: 816-759-2776 English
Tel. 816-759-2777 Espanol
www.JYBennettLaw.com