This article discusses the detention process and how to locate a family member who was detained by immigration Miami or Broward. The information below is not intended to be considered as legal advice, but only as an informative article. Please contact an immigration attorney in Miami or Broward to learn more options specific to your case. An immigration lawyer in Miami, will assess case-by-case, the different options available.
There are many reasons why someone can be detained by the Department of Homeland Security (DHS) through its Enforcement arm ICE. These include, but are not limited to:
- Missed prior immigration hearing dates
- Outstanding removal deportation order on record, either pending or past due, or
- Subsequent to an Arrests for a criminal offense
- Convicted of a criminal offense
- Detained when checking with the probation officer
- After criminal court proceedings
1. LOCATE FAMILY MEMBER
In most instances you can find out where a person is detained using the ONLINE DETAINEE LOCATOR SYSTEME (ICE), link below. You need to have full name of the person and date of birth. If available, have the alien number and country of origin.
2. CONSULT AN IMMIGRATION ATTORNEY
Detainee has the right to consult with an attorney when detained. The US Government will not provide an attorney, but you can hire a private attorney. The Immigration authorities may provide you with a list of organizations that provide legal representation for free. Also, there are several organizations that provide KNOW YOUR RIGHTS sessions at the different detention centers in Florida.
3. DO NOT SIGN ANY PAPERS WITHOUT CONSULTING AN ATTORNEY
In most instances, after the detention, detainee will go through a process called “processing”. During this process, detainee will be asked several questions, mainly biographic. It is critical for the detainee to share with the immigration officer whether there are any minor children that will be unsupervised during the detention. In addition, do not be afraid to disclose any health problems or the need for special medication, as it is key to receive the appropriate care while detained.
4. MIGHT BE ELIGIBLE TO POST A BOND TO BE RELEASED
Under certain circumstances, detainee may be eligible to be released on bond. It is very important that detainee shares with the attorney any details about the arrest and criminal history, even if it was an arrest over 20 years ago where charges were dropped. Failure to share this information, might jeopardize the opportunity to be released on bond.
5. IMMIGRATION BONDS ARE NOT THE SAME AS CRIMINAL BAIL BONDS
An immigration bond is different than a criminal bail bond. While they both have the same result, temporary freedom, they are actually different. The major difference is in the payment method that are used for immigration bonds. Immigration bonds are paid to ICE, and these must be paid in their entirety as opposed to just a portion, and cannot be paid with cash or personal checks. Bond must be paid in person at a designated ICE office. An immigration bond can go from $1500 up to $20,000 or more in certain cases. The person posting the bond must have legal status and bring a photo identification.
No matter the circumstances, it is important to act quickly, especially if the person has an outstanding order of deportation or was convicted of serious crimes. Know all your options and rights before accepting a Deportation order.
Ferretjans Law, Immigration lawyers, provides case-by-case evaluations at the detention centers in Krome, or Glades or Broward transitional center BTC, or Orlando Detention Centers. Call us to schedule a free Deportation Defense or Immigration Bond evaluation at 305-925-0811.
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