What is an Immigration Arrest and ICE Hold?

Zavala Texas Law

What is an Immigration Arrest and ICE Hold?

Immigration has been in the news a lot recently with ICE deportations. What a lot of the population doesn’t understand is how the deportation process works and what is an immigrant’s rights when ICE makes an immigration arrest.

What is an Immigration Arrest?

Immigration Customs Enforcement (ICE) is the police branch of the immigration services in the USA. Whenever there is an immigration arrest it is ICE officers who execute it. ICE will arrest/detain an individual if they believe they are in the country without authorization. Either if they were never admitted into the country or whether they overstayed a visa.

What happens if the Police Department arrests an immigrant?

Sometimes it isn’t ICE who arrests the individual. In fact 90% of my cases here in Houston usually occur because the local police department arrested an individual for breaking a state law first. Once the local PD books them into jail they usually get an immigration hold or an ICE hold.

What is an immigration hold?

Once an individual is booked into jail, ICE will do a check on the individual to make sure they are here in the country with authorization. If they run an individual’s name and find that they are here without permission they will place an immigration hold or an ICE hold on them. 

What are the effects of an ICE hold?

Once ICE places a hold on the individual, they will give the jail specific instructions to not release the individual on bond without notifying ICE agents first. This in turn will make ICE agents go pickup the individual and transfer them to an immigration detention center where their immigration case will begin.

Can we get an ICE bond?

Once an individual is in immigration proceedings they can request the judge to grant an immigration bond. The individual needs to prove his case to the judge and show that he is worthy of being granted an immigration bond. Not all individuals are eligible for bonds because of either criminal history or immigration history. An individual needs to make sure that they are eligible or else the judge will deny an immigration bond.

How do I find someone who is in immigration detention center? 

Not all facilities are immigration detention centers. When an individual gets transferred to an immigration detention center the family could try looking them up through the ICE online locator. The ICE online locator is essentially an immigration jail inmate lookup. You will need to know the individuals Alien number and country of birth. If you do not have that you can try the immigration jail lookup with their name, date of birth and country of birth. 

What can I do if someone is in ICE detention center?

If someone is in an ICE detention center the best best is to contact an experienced immigration lawyer in the area. Here in Houston we help people who are located in or around the Houston detention centers. We can assist with bond and deportation proceedings.