Detention During Deportation Proceedings & Legal Recourse
U.S. Immigration and Customs Enforcement (ICE) is the government entity that enforces federal laws governing border control, customs, trade, and immigration in the interest of national security. When a foreign national is detained by ICE, the case may be defended, but the individual detained should act quickly. Foreign nationals can be detained by U.S. Immigration while their deportation cases are pending. ICE detains persons who are considered a “flight risk” and may move to another location within the U.S. or may be a threat to public safety. Detention permits the government to secure the non-citizen’s appearance before the Immigration Court.
There are a number of reasons that ICE can detain an immigrant, including when the person has committed a crime, has arrived at the border without having a valid visa or a visa at all, has an outstanding removal or deportation order on record, or has missed prior hearing dates in Immigration Court.
Information given to a deportation officer may be used as evidence against a detainee, so individuals should take care to only reveal necessary information.
If an individual receives a deportation order, it is best to consult an immigration lawyer. If an immigration attorney cannot be contacted by the non-citizen, his or her family should seek the help of an attorney on the person’s behalf. If the detainee is located in a Department of Homeland Security (DHS) facility, someone with a relationship to the detainee can call his or her deportation officer. The officer can typically provide information about how to call or visit the detainee as well as other details. It is important to understand that any information given to the deportation officer can be used as evidence against the detainee in Immigration Court.
After the initial detention, an individual may seek to be released on a bond. In instances when a criminal conviction forms the basis for detention, it may not be possible to receive a bond. There are two types of immigration bonds potentially available to non-citizens detained by ICE. As long as the person is not a threat to national security or public safety, he or she may be eligible for a delivery bond or a voluntary departure bond:
- Delivery Bond: A detainee may be eligible for a delivery bond if ICE or the immigration judge so decides. Under a delivery bond, a person must be issued a Notice of Custody Conditions and Warrant of Arrest before being released. The reason behind a delivery bond is to ensure that detainees actually appear at their scheduled immigration hearings. This type of bond also allows the immigrant to consult with an attorney and spend time with his or her family until the hearing.
- Voluntary Departure Bond: These cases involve an immigration judge granting voluntary departure. In other words, the immigrant agrees to leave the United States at his or her own expense and within a certain period of time. The departure bond that is initially paid to ICE is refundable once the individual has left the country. However, the bond is forfeited if the person fails to leave as agreed.
A detention by ICE does not mean automatic deportation. Instead, there are steps a detainee can take to plead his or her case to an immigration judge, who will make the final decision.
Immigration Law Center Contents
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Immigration Law Center
- Green Cards and Lawful Permanent Residence in the U.S.
- Becoming a U.S. Citizen Under Naturalization Law
- Immigrant Visas Leading to Lawful Permanent Residence in the U.S.
- Non-Immigrant Visas Providing a Legal Basis for Temporary Residence in the U.S.
- Work Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Family Immigration Options Under the Law
- Investor Visas Providing Legal Status in the U.S.
- Visitor Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Student Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Denials of Visas or Green Cards & Your Legal Options
- Consular Interviews When Seeking a Visa or Green Card
- VAWA Petitions for Foreign Nationals Affected by Domestic Violence & Seeking Legal Status in the U.S.
- How Children of Foreign Nationals Affected by Domestic Violence Can Legally Obtain Immigration Status
- Work Authorization for Foreign Nationals Without Green Cards
- How Foreign Nationals Unable to Return Home Safely May Legally Qualify for Temporary Protected Status
- Asylum for Foreign National Refugees
- Humanitarian Parole for Foreign Nationals With Compelling Needs
- Advance Parole for Foreign Nationals Living in the U.S. Without Green Cards
- Deferred Action for Childhood Arrivals (DACA) and Temporary Legal Protections From Deportation
- Visa Waiver Program for Brief Visits to the U.S. Without Formal Legal Status
- Grounds for Finding a Foreign National Legally Inadmissible to the U.S.
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How the Deportation Legal Process Works
- When Criminal Convictions Are Legal Grounds for Deportation
- False Claims of Citizenship Leading to Deportation
- Guilty Pleas and No Contest Pleas Leading to Deportation
- Postponing Legal Hearings in Immigration Court
- Changing Venue for Legal Proceedings in Immigration Court
- Witnesses in Legal Proceedings in Immigration Court
- Summary Proceedings Involving Deportation WIthout a Legal Hearing
- Deferred Inspection Appointments for Lawful Permanent Residents Returning to the U.S.
- The Notice to Appear and the Start of Legal Proceedings in Immigration Court
- Master Calendar Hearings in Legal Proceedings in Immigration Court
- Merits Hearings in Legal Proceedings in Immigration Court
- Defenses to Deportation for Foreign Nationals Without Legal Status in the U.S.
- Orders of Removal Following Failure to Appear for Legal Proceedings in Immigration Court
- When Government Lawyers Appeal Immigration Court Decisions
- Cancellation of Removal for Green Card Holders
- Cancellation of Removal Without a Green Card
- Adjustment of Status to Lawful Permanent Residence in Deportation Proceedings
- Voluntary Departure as a Legal Alternative to Deportation
- Detention During Deportation Proceedings & Legal Recourse
- Waivers of Alien Smuggling When Seeking Immigration Relief or a Green Card
- Custody & Related Legal Issues for Children of Arrested or Deported Foreign Nationals
- Prosecutorial Discretion in Deportation Proceedings
- Appeals of Immigration Decisions Through the Legal Process
- LGBTQ+ Individuals Facing Immigration Legal Issues
- Inspections of Foreign Nationals Seeking to Legally Enter the U.S.
- Unlawful Presence in the U.S. & Legal Penalties
- Tax Law Issues for Visa or Green Card Holders
- Waivers of Legal Inadmissibility to the U.S.
- How a Criminal Record Legally Affects Immigration Status
- How Social Media Use Can Affect Legal Admissibility to the U.S.
- Immigration Law FAQs
- Immigration Legal Forms
- Find an Immigration Law Lawyer