The government can arrest and detain an immigrant living in the United States if they do not have proper documentation or have committed a violation that calls for removal. When that happens, the immigrant will remain in a government detention facility until the government takes appropriate action against them. This is usually the saddest moment for the immigrant or their family and friends. Fortunately, you can do something to help a loved one or remain in contact with them during that period. However, you need adequate information to do that.
Locating a loved one in a detention facility can be challenging without the assistance of a skilled immigration attorney. An attorney can also explain your options as family or friends and what you can do to help your loved one out of detention. They will also discuss the detainee’s situation and how you can improve it.
The information here can help you understand your loved one’s condition in detention and navigate all legal processes involved as you help them:
Reasons Your Loved One is in Government Detention
When immigration officials arrest a loved one, they are kept in a government detention facility to await further instruction by an immigration court judge. The first thing you should do is find out why they were arrested in the first place. This information will inform all the other decisions you will make after that. It will also determine the legal processes you undergo to help them out of detention.
When people relocate from other countries to the United States, they mostly come to build a better life for themselves and their loved ones. In most cases, they work hard and abide by all the laws and regulations to avoid problems with the immigration department. This includes obtaining the necessary documents and permits to live and work legally in the United States. However, problems arise during their stay, and immigration officials arrest them.
The government can detain your loved one if it believes they are a flight risk. This mostly happens if the immigrant is marked for removal and the immigration officials believe that the person can flee to another state or a different location before the officials process their deportation. In this case, the officials are forced to detain them for weeks or months pending deportation as they complete the process. The person is not allowed to return to their family within that period. Once the deportation process is over, the immigration department will complete the process by legally removing the immigrant from the United States.
The government could also detain your loved one to ensure they appear before an immigration court. This is important if the immigrant has a pending hearing. Failure to appear for a scheduled hearing can delay the process and make it difficult for the immigration court to close its cases. By detaining the immigrant, the government ensures that all processes involved in their case proceed as planned.
Your loved DHS could also detain one, the DHS enforcement arm, or ICE for several reasons, including the following:
- If they have committed an offense or several offenses.
- If they attempted to enter the United States without proper documentation before formally seeking refugee or asylum status.
- If they have failed to honor previous hearing dates with the immigration department.
- If they have a past-due or pending deportation or removal order.
Detention processes by the immigration department move quickly and could leave you wondering where your loved one is. Figuring out why they are in detention will make it easier for you to navigate other processes successfully.
What Next After Learning About Your Loved One’s Detention
No one notifies you that your loved one is in immigration detention. However, you can be informed by people who were with them during the arrest or hear rumors from other people whose loved ones are in detention facilities. The best way to discover the truth is to search for them through ICE’s detainee locator tool on its website. You can enter the immigrant’s name, Alien’s number, and any other critical information into the website to find the exact facility where the immigration department is detaining them.
If you do not have your loved one’s Alien number, the immigration authorities can show it. However, you must produce legal documents like a work permit or green card to obtain the number. You must also know the immigrant’s country of origin, date of birth, and official name (as they registered in the ICE system).
Locating the detainee through the ICE website could be problematic if the detainee was recently arrested. The ICE does not update its website instantly. You can give it a few days after their arrest to find their location. Additionally, the ICE website does not contain information for underage detainees. If your loved one is a minor (below 18), you must search for them physically through the ERO’s field office near the minor’s arrest.
Once you locate your loved one, you can begin making arrangements for how you can contact or visit them in the detention facility. In most cases, immigrant detainees are placed in local jails, correction facilities, or detention facilities that the iCE has contracted. These facilities mostly hold ICE detainees. A deportation officer will likely be assigned to your loved one’s case. When you plan to visit or speak to the detainee, the officer will be your contact person. The officer will also answer any questions regarding your loved one, including the status of their case and general well-being.
While in detention, ICE must ensure the welfare of immigrants and staff according to the national detention standards. If a detainee is unwell, their deportation officer must be informed. Deportation officers must have up-to-date information about all the immigrants whose cases they are handling at any given time. If the officer fails to help you with your loved one, an immigration attorney can help. Immigration attorneys can navigate all systems to track down a detainee in an ICE detention center. They can also discover information about your loved one’s well-being and open avenues of communication between detainees and their families or friends.
When dealing with your loved one’s deportation officer, be cautious about the information you provide about the detainee. Some information about their immigration status and citizenship can damage the immigrant’s case. Remember that anything you provide to immigration officers can be taken as evidence in your loved one’s hearing.
Additionally, you must act quickly after your loved one’s arrest or immediately after learning about their arrest. The immigration department can act rapidly against the detainee, mainly if the immigrant has been previously removed from the United States or has a pending deportation order. In this case, immigration can deport them within days or hours of their arrest. If you wait to act, you could start the process when it is too late to help them. Even if your loved one is not deported immediately, the ICE can transfer them from one detention facility to another. Remember that some detention facilities are out of the state, and this could make it difficult for you to visit or reach out to them.
The Condition of ICE Detention Facilities
Immigration detention facilities are just like prisons or jails. ICE runs some, and other organizations run others. Sometimes, ICE agrees with county and state detention facilities to house immigrant detainees. Generally, the layout of these facilities is the same. However, the availability of basic amenities, the crowding, and whether or not detainees are held together with other prisoners vary from one facility to the other.
The rights of detainees must be respected, regardless of the immigration issues they face. If your loved one falls sick or they have a medical condition, they have the right to obtain adequate medical treatment. The ICE caters to all their necessities, including healthcare needs. If they recently underwent a surgical treatment and require regular medication, ICE should provide it. If they wear glasses and their glasses break, iCE should organize for them to have new glasses.
Sadly, ICE officials sometimes ignore their obligations and fail to provide the detainee’s necessities. In this case, you can talk to an experienced immigration attorney to fight on behalf of your loved one.
The Role of Deportation Officers
Remember that your loved one will be assigned a deportation officer immediately after they are placed in a detention facility. This officer plays various roles that you should be aware of. For example, a deportation officer can offer your loved one the option of voluntary departure release, stipulated deportation, or any other arrangement they deem fit, according to the detainee’s case details. The detainee, family, or attorney must review these offers carefully to make the right decision.
The option of voluntary departure allows your loved one to leave the country voluntarily without a removal order. This is usually the most straightforward case for your loved one, as it does not taint their immigration record. However, your loved one will forego all types of relief they could be entitled to, including cancellation of deportation and application for asylum. An immigration attorney can find out about all the reliefs your loved one is eligible for before making the final decision.
Do not rely on the information the deportation officer gives to make the final decision for your loved one. Sometimes, ICE officials leave out critical information that could help an immigrant. You can research all available options for a detained immigrant before starting the formal immigration hearings. An experienced immigration attorney can assist in this.
Green Card Medical Exams for Immigration Detainees
If your loved one has a pending case to obtain a green card, they could be required to undergo a medical examination first. The judge orders this examination pending the determination of their case. However, this could be challenging because the detainee is locked in a detention facility. Your only option would be to locate a doctor to examine the detainee in the facility. Having a doctor visit the facility can be more expensive for your family. The examination procedure will also not be as straightforward as one conducted in a healthcare facility.
A medical examination must prove an immigrant’s admissibility to the United States. Applicants for permanent residence in the United States are not admissible if they have a health issue. Although minor medical issues will not prevent your loved one from obtaining a green card, more severe issues will. For example, the immigration department can deny an application if the applicant has a drug addiction or a severe physical or mental condition. A certified civil surgeon by USCIS must examine all green card applicants and list their medical results on a report.
If you want your loved one to undergo a medical examination while in ICE detention, you must speak to their ICE deportation officer and the detention facility authorities first. Remember that your main challenge is convincing a medical officer to come to the facility and getting them allowed in. Some of these detention facilities have stringent procedures for conducting medical exams. Also, some ICE officials will organize medical examinations for detainees waiting for their green card approvals. In this case, you must ensure that everyone involved in your loved one’s case agrees before making arrangements for them to have their medical examinations done in the facility.
Once approved, you can look for a USCIS-approved civil surgeon to conduct the detention center's medical examination. Fortunately, USCIS has an online tool that allows you to access all the recommended civil surgeons nearby. You will likely have a long list of approved doctors to call from the search. Find out about their availability and fees before committing to the right one. Ensure your doctor can conduct the exam and give the results before your loved one’s hearing.
After the exams, determine how long it will take for the doctor to get the results. The process is usually quick but mainly depends on a doctor’s schedule. When the results are out, you will be given a sealed envelope for the immigration court judge. You can request another copy for your records. The sealed envelope must remain so until a prosecutor opens it during the hearing.
Helping a Loved One Out Of Immigration Detention
Helping a loved one out of an ICE detention facility is the best thing you can do for them. Remember that conditions in these facilities are usually not very pleasant. More importantly, the detainee cannot work or care for their loved one while in detention. A skilled immigration attorney can help you figure out how to help them. Besides, helping them out can help their situation in the long run. Legal processes when an immigrant is arrested move very quickly. You can act immediately after their arrest to have them back at home and then arrange for them to appear before a judge later.
First, determine their eligibility for a bond. If they are, ICE will set a bond for them. A bond works just the same way as bail in a criminal court. You pay a bond to have your loved one released pending the conclusion of their immigration case. The amount you pay will guarantee their appearance in an immigration court for all hearings related to their case. After the case, you will receive the total amount, provided that the immigration court does not forfeit the bond.
However, not all detained immigrants are eligible for bond. Thus, you must ensure your loved one is eligible before starting the bond process. If they are ineligible, an immigration attorney can negotiate with a judge to reconsider your loved one’s case and request a bond hearing to discuss the matter. If they are eligible for bond, your loved one’s deportation officer will name the amount you must pay to process their release.
If you cannot afford the set amount, your attorney can request a bond hearing to negotiate a reduction or a waiver. Detainees have the right to a fair hearing to discuss their eligibility for a bond release and the amount they should pay. You do not need to wait for the detainee’s initial hearing to bring up this matter. You can request a bond hearing from an immigration court immediately to speed up the matter.
You must have legal status to pay the bond on the detainee’s behalf. You will also be required to bring a photo ID to the court. Also, the person’s pickup should be organized since most detention facilities do not offer transportation to airports or bus stations.
Find a Competent Immigration Attorney Near Me
Having a loved one in an ICE detention facility can be devastating, especially if you lack adequate information on what to do or how to help them out. However, a skilled immigration attorney understands all the processes involved. Thus, they can help you understand your loved one’s situation better and their options. An attorney can also help you navigate through all legal processes successfully.
We can handle your loved one’s case at California Immigration Attorney to improve their chances of a favorable outcome. Contact us at 424-789-8809 today if you need help with your loved one in a detention facility in any part of California.