Spouse Detained for Illegal Re-Entry into the US

The spouse was probably detained by ICE, U.S. Immigration and Customs Enforcement.  ICE has a sub department called Enforcement and Removal Operations, ERO, which is dedicated to the identification, detainment and removal of illegal aliens.  ERO is the main resource used to identify and apprehend illegal aliens and convicted criminal aliens, to detain and manage them while in ICE custody, and to make them available for court proceedings and deportation or removal from the United States.

Detained by ICE – What Happens Next?

The Immigration and Nationality Act gives aliens that are detained for illegal reentry into the United States the right to a removal proceeding before an immigration judge in order to have a hearing deciding inadmissibility status and deportation issues.  Illegal entrant detainees that do not pose any sort of threat to the public safety or national security may be eligible for release from detainment on bond while they await the removal proceedings.  Immigration judges from the Unites States Department of Justice, Executive Office for Immigration Review will consider ICE evidence and alien national evidence in reviewing the facts of the situation to enter a judgment concerning deportation or removal of the alien national.  If the illegal alien is ordered removed then ERO would enforce the removal order by contacting the foreign government officials and embassy to obtain travel documents and clearances for the transportation and return of the alien to the country.  The ERO may even escort the alien on the journey back to his native country. 

Posting Bond for Release from Detainment

The immigration bond process is controlled by ERO’s Bond Management Unit.  There is a special form that must be used to request a release bond, “Immigration Bond Form I-352.” If the application for bond is approved the alien national held under a warrant of arrest issued by the Attorney General charging that he is unlawfully in the United States would be released from ICE detainment or custody.  A suitable bond must be paid and the alien must be produced later for his or her removal/deportation hearing and proceedings.  If the alien is does not appear for his deportation hearing and/or removal proceeding the bond amount becomes due and payable by whomever signed as obligor and co-obligor for the release bond.

Getting Legal Help

If you or a member of your family is detained by ICE for illegal reentry into the United States it would be very important to contact an immigration lawyer as soon as possible concerning the detainment.  A lawyer can help to protect the alien’s rights and well being while in a detainment facility and work to get the alien national released from a detainment facility as soon as possible.