Detained by ICE?

Detained by ICE: What do we do?

Over the past few months, I have been attending to this question way too often: “My family member was detained by ICE. What can wedo?” The answers keep changing, as the enforcement efforts of this administration and the way cases are adjudicated continues to change as well.Every case is different There is never a definitive answer. However, with the experience obtained during these past months of detention enforcement, we have put together this guide as a starting point of what to do if an arrest occurs.

The first and most important step is to locate the detainee as soon as possible. Most of the apprehensions are the result of trafficinterventions or arrests by local authorities. If a location has not been made known by the detainee, calling the county jail where the apprehension happened is the best course of action. Have the detainee’s full name and date of birth readily available for the call to request information. By callingthe precinct, or through the county’s website, you can get information about the criminal charges of the detainee and bail, if one has been set.Detainees with criminal charges typically sit in the county jail for longer, weeks up to months, until the case is resolved with local authorities. Afterwards, they are taken into ICE custody. Detainees without criminal charges are taken directly into ICE custody and are transported to the immigration detention and processing center as soon as days after the arrest. The immigration detention and processing center for detainees inTennessee is in Louisiana.

Once you can reach out to your loved one, keep in mind that all calls and electronic conversations in jails and detention centers aremonitored by the authorities. Do not share confidential information about the case or make admissions of any kind. Limit the conversations toobtaining information on how to access important documents or other identifying information, case number with immigration (A-number) etc.

As a matter of general awareness, let your family member know the following:

• Phone and electronic communications in jails and detention centers are NOT private and are intervened by the police or ICE.
• They have the right to an attorney provided by the state to handle the criminal charges, regardless of their immigration status.
• If there is a bond set for the criminal charges, DO NOT pay. The detainee will not be able to get out of jail if they have an “Ice hold”. The money would be wasted.
• DO NOT sign any documents provided by local or immigration authorities without legal assistance.
• DO NOT make any verbal admission about the detainee’s criminal case or immigration.
• DO NOT take any plea on criminal charges without consulting with an immigration attorney about the implications in the immigration case.

Once a document has been signed, a plea has been entered, or a verbal admission has been given to the authorities, it can permanently prejudice the case. Even if your family member wishes to sign the voluntary departure, it is important that they do so with the counseling of an immigration attorney. You must know what you are signing, and the consequences in the short and long term. An immigration attorney can screen for eligibility for an immigration bond, and options for any immigration relief. Our office is available for free fifteen-minute phone screening questions to further assist you with your own or your loved one’s immigration case. During these difficult times, we are committed to serving our immigrant community with dignity. Our commitment is to fight for the immigrant community with the same courage and dedication that they serve our country. The right to a humane and fair treatment belongs to everyone. We are here for you!