ICE HOLD and Detainers Texas Attorney
IMMIGRATION BOND
Getting out of Immigration Jail with an Immigration Bond
If your relative was arrested for a criminal offense and is being held in a Texas county jail, all is not lost. If you tried to bond him or her out, you were told by a bondsman or the sheriff’s office that your relative has an “ICE hold”.
What Is An ICE Hold Or ICE Detainer?
A hold placed by Immigration or Customs Enforcement is simply a request by ICE to a law enforcement agency, for it to continue detaining a person in its custody after his normal release date, so that ICE can take over custody.
It should be emphasized that ICE hold is simply a request, and it is up to the law enforcement agency to decide whether to comply with it.
The most important thing for a layperson to understand about ICE detainers is that they are not orders of deportation or removal. Having an ICE hold does not mean that you will automatically be deported. Contact us immediately to see what options may be available to your relative.
An ICE detainer means that an Immigration & Customs Enforcement (ICE) officer has asked the County Sheriff’s Office to hold you for immigration reasons. Instead of being released from jail when the criminal case is over, the person will be switched to “immigration inmate” status. ICE usually then transports the person to the immigration detention facility where the person is processed for deportation.
What Should I Do If My Relative Has An ICE Hold?
Early intervention by an immigration lawyer — before your relative is transferred to immigration detention — can be critical. That is why you should contact an immigration attorney immediately. We provide overnight and emergency services in critical and time-sensitive cases.
For example, an immigration attorney can in some cases negotiate with a county official to ignore the detainer. ICE detainers are optional for law enforcement agencies; they are not mandatory. Also, a lawyer can file a lawsuit against the state for constitutional violations, and can directly contact ICE and request that it lifts a detainer if there is no real basis for deporting the person from the United States. It is within ICE’s prosecutorial discretion to cancel an ICE detainer.
If your family member is picked up by immigration, you should first consult the ICE Detainee Locator at https://locator.ice.gov/ to determine where your family member is being processed or detained by immigration. Your family member will be given a phone call when processed by ICE. If your family member calls you, you should ask them:
(1) where are they going to be detained? If they are being taken to jail, where are they being taken?
(2) do they have an immigration bond already set by ICE?
(3) do they have a criminal bond already set by a criminal Judge?
Next, call our office to consult with an attorney to go over your options in securing your family member’s release from immigration custody.
When you are placed on ICE or immigration hold without bond, you can be detained in Austin Detention Centers, Houston Contract Detention Facility at Export Plaza (CDF or CCA) for days or weeks without bond set or a bond hearing scheduled. You may also be detained in County Criminal Court or District Court with an ICE hold. However, when our immigration attorneys get involved, the process will start moving and the detainee’s rights will be protected.
We fight for clients in ICE detention centers and jails in Austin and Houston, and throughout Texas. Our clients include both documented and undocumented immigrants who have been placed on ICE hold and classified as inadmissible (deportable/removable). We can also help you begin the process to apply for Cancellation of Removal.
An ICE hold does not mean that a person can be detained indefinitely by ICE. Obtaining a release from the detention facility and prevailing in canceling removal is a multi-step process, but we know the proper channels, procedure, and strategy necessary to achieve your goals.
Contact us Now
Call us now at 512-710-5652. We accept clients that need representation before the Houston Immigration Court, the San Antonio Immigration Court, Dallas Immigration Court, the El Paso Immigration Court, the Harlingen Immigration Court, and the Houston Asylum Office. We accept clients from throughout Texas, including Dallas, Fort Worth, Irving, Garland, Coppell, Carrollton, Richardson, Houston, San Antonio, Austin, Midland, El Paso, Beaumont, Waco, San Angelo, and Lubbock.
Should I Post Bond For A Person With An ICE Hold?
Should I Post Bond For A Person With An ICE Hold?
In some cases, a person can be issued a bond amount by a county judge, even though there he has an ICE detainer. Whether to post the bond is a very tough question that should be decided on a case-by-case basis with the help of a deportation lawyer.
When an ICE hold is in place, an inmate will be held in jail for ICE to come pick them up, even if the bond is paid. It is usually not advisable to make the bond for someone with an ICE hold because the person won’t be released from custody and the money will be lost. Austin detainees are initially transported by ICE to San Antonio. The person may not be returned to Austin or Houston for upcoming court dates or to resolve the criminal case.
How do I get an immigration bond?
An individual taken into ICE custody will be processed and a determination will be made by ICE officials at the outset of custody regarding bond. At the beginning of custody, ICE has the ability to set bond to the individual. If ICE sets a bond amount in which the individual is able to pay, we recommend paying that bond as soon as realistically possible. If ICE sets a bond, but the amount is too high to pay, that individual would have an opportunity to seek a bond reduction with an immigration judge. Also, should ICE decline to set a bond at the beginning of custody, an individual may seek a bond redetermination hearing with an immigration judge and argue to the judge that he or she merits release from custody upon payment of a reasonable bond. In a bond redetermination hearing, it is the burden of the individual applying for bond to prove to the immigration judge that he or she does not pose a danger to the community; specifically persons and property and that he or she does not pose a flight risk in that if released on bond, he or she would attend any and all hearings outside of custody.
How high are immigration bonds?
Immigration bonds are at minimum of $1,500. There is no maximum amount of bond an immigration judge may set. Depending on the facts and circumstances of the case at hand, an individual in custody should expect to pay anywhere between $1,500 and $25,000 for bond.
Do I need an attorney to get an immigration bond?
An attorney is not required to obtain an immigration bond. However, we strongly recommend that an individual in need of assistance in obtaining an immigration bond go through an immigration attorney to request an immigration bond either through ICE or through the immigration judge.
Can I lower the immigration bond amount?
If given a bond by ICE, you may lower the immigration bond amount through a bond redetermination hearing in front of an immigration judge. However, please be aware that an immigration judge is not required to lower a bond amount already set by ICE and may raise the bond or take away the bond. If an immigration judge sets a bond amount but you wish that the amount is lowered, you are limited only to filing an appeal with the Board of Immigration Appeals, a process, which will take other 4-6 months to receive a decision.
Can You Be Deported For A DUI Or DWI Conviction In Texas?
Non-citizens in Texas know that encounters with law enforcement can be dangerous because criminal charges often carry the possible risk of deportation. If you’re an immigrant living in Texas and you’ve been arrested on suspicion of DWI, know that while deportation is a possibility, it isn’t a sure thing. Your previous criminal history, prior convictions, and the circumstances of your arrest will determine whether you will face immigration roadblocks or deportation in the future.
If you’ve been arrested, don’t panic. Contact Austin immigration attorney Elena Vlady to discuss your rights and your legal options. We will work hard to minimize the impact the charges will have on your life. Schedule a confidential consultation with us today.
DWI Crimes In Texas Involving Possible Deportation
A person’s first DWI arrest in Texas is generally a Class B misdemeanor when there are no aggravating factors involved. A second DWI arrest and first arrests involving blood alcohol concentrations (BACs) of 0.15 or more are a Class A misdemeanor. The U.S. Citizenship and Immigration Services (USCIS) generally lets green card-holders remain in the United States after misdemeanor convictions if they satisfy all requirements imposed by the court.
A DWI arrest resulting in felony charges becomes a possible deportation risk for immigrants because felony offenses are considered crimes of moral turpitude. DWI is a felony in Texas when it is an alleged offender’s third or subsequent DWI offense. A DWI is also a state jail felony when an alleged offender had a passenger who was younger than 15 years of age.
Another common reason for felony DWI charges is drunk driving accidents. A person who causes an accident resulting in serious bodily injury will be charged with the third-degree felony of intoxication assault while an immigrant who causes a fatal DWI accident will be charged with second-degree felony of intoxication manslaughter.
DWI offenses stemming from illegal or prescription drugs are also crimes of moral turpitude. So-called “drugged driving” cases can be far more difficult for prosecutors to obtain convictions because proof of intoxication often comes in the form of urine tests, which may indicate drugs in a person’s system but do not necessarily demonstrate the drugs were active at the time of the alleged offense.
Based on the above, a green card holder could be subject to deportation after a DWI offense if they:
• Were driving on a revoked or suspended license
• The DWI offense was drug-related
• There was a child 15 years of age or younger in the vehicle
• The offense was the driver’s 3rdDWI offense
• The accused was previously convicted of a crime of “moral turpitude”
• The DWI resulted in bodily injury or death
Can a Permanent Resident Be Deported for a DWI?
Permanent residents are typically not deported for a DWI. However, immigration consequences of DWI can still have significant implications for someone who is here with a green card, and others who are here illegally.
As a non-citizen, you always face the risk of deportation. This threat is greatest if you are convicted of a “deportable crime.” Offenses of this nature include:
• Moral turpitude crimes
• Aggravated felonies
• Theft, forgery, or violent offenses punishable by at least one year in prison
• Guns, illicit drugs, humans, or destructive device trafficking
• Fraud, tax evasion, or money laundering with losses greater than $10,000
• Sexual abuse of a minor, child pornography rape, murder, or kidnapping
In most circumstances, a DWI is not a deportable offense for someone who is in the U.S. lawfully. However, a conviction for driving while intoxicated can make it difficult to become a citizen. To become a citizen, you must be able to prove good moral character for the five years prior to your application. A DWI during that time complicates the process.
Does a DWI Affect a Green Card Application?
Yes, a DWI conviction can impact your ability to become a permanent resident, though this is not automatic. A DWI does not automatically make you ineligible for a green card. But it will come up during the application process and could support a denial of your application.
The U.S. Citizenship and Immigration Services (USCIS) considers alcoholism and alcohol-use disorders to be physical and/or mental. These disorders can make you ineligible for a green card if there is evidence you exhibit harmful behavior associated with that disorder which has or is likely to pose a threat to the safety and property of others. During the green card application process, you must go through a medical evaluation. If this uncovers alcoholism, the DWI may be used to show you have exhibited related harmful behavior. You may be deemed inadmissible on health-related grounds.
You also may be denied permanent residency if a DWI becomes a crime of moral turpitude. Typically, one DWI conviction is not a crime involving such behavior. However, if you are facing a second or subsequent drunk driving charge, or you are charged with a DWI while driving on a suspended or revoked license, then this may amount to a crime of moral turpitude.
Can an Illegal Immigrant Get Deported for DWI?
Yes, if you are an undocumented immigrant living in the U.S. and you are arrested for a DWI, you may be deported. As an undocumented immigrant, your status can lead to deportation at any time. A criminal arrest, charges, or a conviction may put U.S. Immigration and Customs Enforcement (ICE) on notice that you are in the U.S., and lead them to discover where you live.
Federal authorities have some discretion on when they choose to bring deportation proceedings against undocumented individuals. They historically prioritize more serious offenses or repeat offenders. The more serious the conviction, the more likely it is to trigger deportation proceedings. Minor offenses are less likely to make federal officials act against an undocumented immigrant. However, ICE has been aggressive in beginning deportation proceedings against all undocumented immigrants.
Also, bear in mind that Travis, Williamson and Harris County cooperate with ICE and comply with all ICE detainer requests. If you are arrested for a DWI in Harris County, Travis county, or Williamson county, local law enforcement officials will inquire about your immigration status. If you are undocumented, ICE will likely be notified, and you may be transferred into their custody. You still have a right to an attorney, and you or a family member should contact us as soon as possible.
Can a DACA Resident Be Deported for a DWI?
Many young immigrants in the U.S. who were brought here as infants have legal status through the Deferred Action for Childhood Arrivals (DACA). This enables many young adults to work and go to school in the U.S. lawfully. However, a DWI conviction could lead to a person’s DACA status being revoked, which in turn can lead to deportation proceedings.
Will the police ask about my immigration status?
Maybe. You should NEVER answer questions about your immigration status unless it is someone you know or trust (like your lawyer). This includes questions about how long you have been in the United States, how you came to the United States, and whether you have “papers.” In response, you should calmly say that you do not wish to answer any of those questions. It is none of their business. Your immigration attorney can decide when and how to best answer any questions about your immigration status. If police officers or anyone in the jail asks you about your immigration status, DO NOT ANSWER.
ICE DETAINEE TRANSFERS AND IMMIGRATION JUDGES: FORUM-SHOPPING TACTICS IN REMOVAL PROCEEDINGS
U.S. immigration policy and ICE tactics have been greatly scrutinized over the past year. While many criticisms focus on border policy and the conditions of detention, scholars have also raised concerns over ICE’s unfettered discretion to transfer detainees to different detention centers. Not only may ICE transfer detainees anywhere in the country, ICE has gradually expanded this practice. Now, on average, every detainee is transferred at least once each year. ICE, however, is not the sole point of criticism for immigration advocates. Recently, Immigration Judges’ decisions have been scrutinized for their lack of consistency. Wide variations in IJ decision-making indicate that the judge assigned to a case heavily influences the likelihood of a favorable outcome to ICE. The intersection of these two distinct problems–immigration detainee transfers and inconsistent IJ decisions–effectively allows ICE to forum shop by transferring detainees to detention centers with IJs who are likely to issue rulings favorable to ICE. This amounts to a crisis of justice, as ICE may transform facially neutral proceedings into judicial rubber stamping for the case outcomes ICE desires.