Immigration to the United States, both legal and illegal has been a sensitive political and moral issue in recent years, particularly since the terror attacks on September 11, 2001. The US Bureau of Immigration and Customs Enforcement (ICE) is the largest agency focused on investigation inside the Department of Homeland Security. You may have been more familiar with the agency's former name, INS or Immigration and Naturalization Service. The main role of ICE is to ensure immigration law enforcement at our borders, ports of entry and within the United States.
Enforcement and Removal Operations
The division of ICE that is responsible for identifying, taking into custody, and removing illegal aliens is called Enforcement and Removal Operations. An alien is detained by ICE because he or she is suspected of being a person who does not have official permission to be in the US or because he or she has done something that makes withdrawing permission, and therefore deportation, appropriate and lawful.
Reasons for Detention
There are many reasons why an alien could be detained by ICE. Over 300,000 aliens were detained by ICE during the last year. Some of these reasons for detention include:
- invalid or forged immigration documentation
- criminal felony conviction for crimes such as rape, murder, tax evasion or drug related crimes
- health reasons, if you have a serious contagious disease or are a drug addict
- suspected of terrorist activity or espionage
- having been previously deported
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domestic violence
Detainee Rights
Almost as controversial as the topic of immigration itself is the topic of detainee rights. ICE is constantly examining and changing its policies to improve processes and the treatment that detainees receive while in their custody, however accusations of substandard living conditions and medical care continue to arise. Aliens who are detained by ICE do have rights to certain things. These rights include:
- The right to be represented by an attorney
- The right to know why you have been detained
- The right to keep your legal documents with you
- The right to contact your consulate
- The right to withhold signing documents you don't understand
- The right to choose voluntary deportation
While you have the right to be represented by an attorney, the government will not pay for your attorney and they will not appoint one for you. You, your family or your friends can locate and hire an attorney. If you can't afford to hire an attorney, ask if there are any local organizations that provide no charge legal services to immigrants.
Do not sign any forms that you don't completely understand. If you want to contact the consulate from your country, you should be able to do that for free from the detention center.
Legal Options
The most important legal option that you have is your right to an attorney who will represent you and protect your rights. If you decide that you want to be deported, you may not need an attorney to assist you but otherwise an attorney is advisable; immigration law is extremely complex.
The sole purpose of the ICE detention is to hold a non-citizen in custody pending a determination of whether or not they meet the grounds for deportation. When you are detained, unless you were detained under new mandatory detention laws (such as if you committed a violent felony) you have the right to have a bond hearing within a reasonable amount of time
- At the bond hearing an immigration judge determines if you are a flight risk or if you can be released on bond pending your deportation decision. The judge will consider why you have been detained, your family situation and your criminal history among other things.
- If granted, the minimum bond is $1,500
- If denied, the detainee has the right to request a new hearing every six months they are in custody
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Bond is granted in very few cases
Get Legal Help
As soon as possible, request and obtain legal help, preferably before you have signed any documents. Because immigrants who area picked up by ICE and detained are not advised of any Miranda rights, they can often be put into situations where they incriminate themselves.
There is no reason to assume that ICE has informed you of all of your rights; many people consider immigrant detention the opposite of our criminal justice system: you are considered guilty until proven innocent. Having an attorney working on your behalf to seek release from detention and to keep you from being deported is critical.
