Office Location is Irving, Texas and Albuquerque, New Mexico
Concerned about immigration issues following President Donald Trump's re-election? Click Here
Office Location is Irving, Texas and Albuquerque, New Mexico
Few experiences in immigration law are as frightening as learning that a loved one has been detained by Immigration and Customs Enforcement (ICE). Families often believe that release should be quick and straightforward, but the reality is far more complex. Understanding how the detention and release process actually works can help families make better decisions during what is often the most stressful time of their lives.
Several factors can make it difficult or even impossible for a detainee to be released quickly. If the person has a criminal record, a history of fraud, or a prior removal order, ICE is unlikely to grant release. Even individuals who have lived in the United States for decades without any criminal involvement may face extended detention if their only violation is entering the country without documentation.
The current enforcement environment has made this situation even more challenging. People who have been in the country for 20 years and have never committed a crime are being arrested and detained. Under these circumstances, securing a loved one’s release requires persistence, skill, and a thorough understanding of the available legal options.
An immigration bond is one of the primary mechanisms for securing a detainee’s release. Until recently, immigration judges had the authority to grant bond in many cases. That authority was temporarily removed, but a federal court decision has restored judges’ discretion to grant bonds.
However, the Department of Homeland Security has instructed its officers to ignore the federal court’s decision in some circumstances, creating a conflict between the courts and the executive branch that directly impacts detainees’ ability to assert their rights. This means that in many cases, securing bond may require filing a motion in federal court, an additional step that adds time and complexity.
Bond amounts vary significantly. I have seen bonds set as high as $30,000, which effectively means no one gets out. But in other cases, detainees with long histories of presence in the United States have been released for just a few thousand dollars. Every case is different, and the result depends heavily on the individual’s circumstances and the strength of their legal arguments.
When ICE evaluates a release request, the most important question is whether the person is likely to appear at future hearings. If ICE is not convinced the person will show up, release will not happen — because the entire purpose of bond is to ensure attendance at future proceedings.
Beyond that, ICE considers several factors. Serious illness of the detainee or of a family member for whom the detainee is the sole caregiver can support release. Family ties to the United States, particularly if many relatives are here legally, weigh in the detainee’s favor, because the underlying principle of immigration law is family reunification. The length of time the person has been in the United States also matters. Individuals who have been present for seven years or more as permanent residents, or ten years or more with qualifying relatives, may be eligible for relief that makes continued detention unnecessary.
Even when bond is not available, there are humanitarian grounds for release. ICE can grant release for medical reasons or if the detainee is the sole breadwinner for a family. Orders of supervision can allow a person to be released to work and support their family while their case proceeds. Victims of crime who have applied for U visas, and minors who qualify for Special Immigrant Juvenile Status, are also eligible for humanitarian consideration.
Dealing with ICE on humanitarian release is difficult, but it is often the only option available. As an attorney, you must learn to work within the ICE framework, presenting evidence and making arguments that speak directly to the factors ICE weighs in these decisions.
A stay of removal is a request to the government not to carry out a removal order while another form of relief is being pursued. For example, if a person with a removal order is married to a U.S. citizen and is eligible to file for benefits based on that marriage, a stay of removal can prevent deportation while the paperwork is processed.
In my experience, most stays of removal are neither formally granted nor denied; they simply sit pending. But as long as the stay is pending, the person technically cannot be deported. Filing for a stay buys critical time, even when a formal decision is unlikely.
Families need to understand that prolonged detention is a very real possibility. Cases can take years to reach a hearing. During that time, the person remains in custody, and the government knows that extended detention often pressures people into giving up their relief applications just to get out of jail and leave the country.
In the group of 23 cases I successfully appealed to the Board of Immigration Appeals, every one of those individuals had spent approximately three years in detention before their cases were resolved. That is an extreme example, but it illustrates the harsh reality that families must be prepared for.
If your loved one is in ICE detention, time is of the essence. Contact John W. Lawit, LLC immediately for a thorough evaluation of the available options for release and defense.
