If you or someone you love is detained by immigration, it can be a frightening and confusing time. It’s urgent that you call a lawyer specializing in immigration law. Your immigration lawyer can help you exercise your rights and options and help get you or your loved one released from detention.
Immigration Detention: When Can a Person Be Held?
The possible scenarios in which a person can be held in immigration custody are varied and complex. Here, we will explore the different circumstances under which Immigration Customs and Enforcement (ICE) can detain a person.
There are three main types of immigration custody: administrative detention, mandatory detention, and judicial review.
- Administrative Detention. This is the most common type of detention and occurs when a person is held for allegedly violating immigration laws. Generally, administrative detainees are not convicted criminals and are only retained for as long as it takes to process their case.
- Mandatory Detention. This type of detention applies to certain immigrants, such as those convicted of certain crimes or who are a threat to security.
- Judicial Review. This occurs when a person is allowed to leave the country while an immigration judge decides their case.
When Can ICE Detain Someone?
ICE can detain someone either with or without an arrest warrant. An arrest warrant allows ICE agents to apprehend a person based on probable cause. If agents have an arrest warrant, they can immediately detain the individual pending removal proceedings.
If ICE does not have an arrest warrant, they must first obtain permission from an immigration judge before detaining the individual. This permission is generally granted if there is reason to believe that the individual poses a threat to public safety or national security.
What an Immigration Attorney Can Do to Help You Get Released from Immigration Detention
If U.S. immigration authorities are detaining you, it is vital to have legal representation. An immigration lawyer can help you get released from detention and work on your case to ensure the best possible outcome. Here are some of the things an immigration lawyer can do for you:
- Assess your case and determine the best way to proceed
- Provide legal representation in court proceedings
- Assist with applications for relief from deportation
- Help you prepare a defense against removal charges
- Negotiate with immigration authorities on your behalf
Contact Tourzani & Long, LLC Today
If you or someone you love are facing deportation or are currently in detention, seek legal help as soon as possible. Contacting Tourzani & Long, LLC is the best way to ensure that your rights are protected and that you have the chance of being released from detention. We are ready to work hard in developing a solid and effective strategy on your behalf. Tourzani & Long, LLC has extensive expertise in the laws involved in immigration detention, and we work hard to safeguard our clients from the painful results of deportation. Contact us today at (201)987-0036 to speak with our team.
Tourzani & Long, LLC – we proudly service New Jersey and New York.