New York Lawyer's Legal Updates

What To Do If Your Family Member Has ICE Hold?

Author: New York Deportation Attorney

Many times a person ends up in the Immigration Court because of State or Federal charges submitted against him/her or because of the State or Federal conviction.

It happens because nowadays every jail and court has an ICE representative in it, and this person quickly scans and analyzes the records of every detained, charged and convicted person.

The best thing that a family of the detained can do at this point, is to find a smart and experienced deportation attorney.

The ICE places its hold on the person while he/she still in State (Federal) jail/prison. Upon release from the State (Federal) custody, the ICE has 48 hours to take the person in its custody. The ICE hold is a detainer form that contains information on who and why should be transferred to the ICE Federal custody upon release. It is signed by the ICE officer.

In December 2012, the USCIS releases a new memorandum stating that only those with multiple misdemeanors a felony charges/convictions will be places in removal(deportation proceedings). To wit, ICE officers should issue a detainer only where they have a reason to believe the individual is a subject to removal from the US, and one or more of the following conditions apply:

  • Prior felony conviction/or a pending felony charge;
  • Three or more prior misdemeanor convictions, but not minor convictions like traffic violations;
  • misdemeanor conviction/pending charge of a misdemeanor conviction for violence, threats, assault; sexual abuse or exploitation; DUI; flight from the scene; unlawful possession of firearm or deadly weapon; the distribution or trafficking of a controlled substance; other significant threat to public safety;
  • conviction of illegal entry/entry after prior removal;
  • outstanding order of removal;
  • immigration fraud found by an IJ or an Immigration officer;
  • the individual is a significant risk to national security…

The guidance do not overrule prosecutorial discretion memo of 2011.

See Here Detainer Policy

With that, it is good that that ICE removes the misdemeanor conviction/charge off the list of offences that may trigger the detainer.

If you have immigration concerns, contact New York deportation attorney at 917-885-2261.

08 January 2013