Immigrant Detention Procedures

Phoenix Criminal Immigration Attorney – (602) 353-7795

The Trump Administration has been vocal about finding and deporting undocumented immigrants even before President Trump took office. It has made deliberate efforts to try to empower and expand Immigration and Customs Enforcement (ICE), even demanded localized law enforcement agencies to carry out duties normally reserved for federal agents. While ICE continues to raid homes and businesses, it can be understandably frightening time to be an immigrant, documented or not.

It is important to remember that you are not alone and you have inalienable rights, even as an undocumented immigrant. It also helps to remember that deportation is not an immediate process. Instead, you will need to undergo a lengthy legal procedure and detention before you can be removed from the United States. Kanu & Associates, P.C. can provide you with unwavering and compassionate legal representation throughout the deportation and detention processes. Our Phoenix immigration attorney is well-versed in all matters related to removals conducted by ICE, as well as immigration cases for alleged or convicted criminals.

Detainment & Detainment Center Procedures

After ICE agents identify, locate, and detain an undocumented immigrant, he or she will be taken to a detention center. The center to which you are taken should be somewhat local so family members can visit you when necessary without undue hardship. However, this is not guaranteed, as many states and counties have just a few detention centers for immigrants. Additionally, detention centers are oftentimes constructed intentionally in out-of-the-way locations for added security.

When someone does want to visit a detained undocumented immigrant, the rights of that visitor are also not entirely specific. Each detention center, county, and state has some influence on the rules and regulations regarding detention center visitations. The Trump Administration has also made attempts to limit or curb the visitation rights at detention centers as part of its ongoing campaign to increase border security and ICE activity.

General visitation rights set forth by ICE and the USCIS that may pertain to the detainment center you need to visit include:

• Weekly visitation: Family members are generally permitted at least one visitation period per week. For legal visits conducted by an attorney, paralegal, interpreter, and others employed in a legal profession, the visitation schedule is much more flexible and should allow more frequent visits. Keep in mind that undocumented immigrants do not have the right to visit detained undocumented immigrants and can be detained themselves upon arriving at a detainment center.
• Confidentiality: Anything discussed during a visitation with someone held in an immigration detainment center should be considered confidential. Meetings between yourself and your Phoenix criminal immigration attorney in particular should not be disclosed outside of that meeting, either by ICE agents or other family members.
• Duration: The minimum visitation time set by federal guidelines is 30 minutes and can only be reduced in limited few circumstances. A legal visit can have an extended duration and, depending on the case being discussed during the meeting, may not be cut short by officers at the detention center.
• Item exchange: Money and property can be brought to an ICE detention center to give to the undocumented immigrant in detention, but it must be inspected and approved first. Visitors cannot hand anything directly to the detainee. Only items necessary for legal work and small personal effects, such as religious symbols or wallet-sized photographs, are likely to be permitted.

Bonds in Relation to Detention & Deportation Cases

A deportation case may hinge upon immigration laws but it shares many similarities to criminal defense cases, especially if the undocumented immigrant is suspected to have committed crimes while in the United States. Notably, an immigrant held in detention may be able to pay a bond amount to leave the detention facility early. If you have been detained but do not know if a bond has been set for you, take immediate steps to call and talk to our Phoenix immigration lawyer to find out how to get a bond set. Bonds for immigrants in detention are crucial in allowing that detainee see his or her family in the coming weeks or months.

Bond in a detention center is quite similar to bonds in a criminal court. You, a family member, a friend, or a bail bond office pays the bond amount, permitting your release from the detention center. If you attend all subsequent immigration court hearings and commit no crimes in the meantime, you will receive the bond amount at the end of all proceedings, whether you are deported or not.

What Happens in a Master Hearing

Whether or not an undocumented immigrant is placed into removal proceedings depends on how an immigration court decides their individual case. It begins with a master calendar hearing (MCH), or just master hearing as it is often referred. A master hearing is often less than 15 minutes and involves the discussion of key issues of the pending deportation case. Immigrants are permitted to have legal counsel present and acting on their behalf.

With a deportation defense attorney at the master hearing, you can bring up any questions about what to expect and also concerns about technicalities. Depending on what is uncovered by your lawyer, the judge may choose to postpone any future hearings to give all parties time for more research into the case. There is also the possibility that the judge could use the master hearing to dismiss the deportation case if your immigrant status has changed since you were first detained.

When the master hearing is completed, and if no postponements are needed, an individual hearing will be scheduled, weeks, months, or even years later. Undocumented immigrants facing deportation but held gainful employment, attending high education institutions, or did not accrue a criminal record are low priority when it comes to scheduling their individual hearing. During the individual hearing, you will come forth with your immigration attorney to present evidence, testimonies, and a case argument to try to stop deportation or removal. It is rare for an immigration judge to not make a decision in just one individual hearing session, so you must be ready for anything before going into your hearing.

Deportation & Alternative Ways to Challenge It

When an immigration just rules upon deportation, you must abide by that ruling. However, you still have legal options available that may allow you to remain in the United States. In many cases, forced deportation or removal will not actually be carried out until 30 days after the judge’s ruling, giving you time to appeal the court’s decision or consider another alternative.

You may be able to utilize the following solutions with your immigration lawyer:

• Adjustment of status
• Defensive asylum
• Cancellation of removal
• U visa for protection

Kanu & Associates, P.C. is dedicated to helping undocumented immigrants and nonpermanent legal residents alike find ways to stay within the country without the fear of ICE knocking at their door. Our Phoenix criminal immigration attorney has built a strong reputation for being able to navigate the country’s complex immigration laws and reach outcomes that satisfy both our firm’s clients and the government.

To get more information about our services and what you should do next if you are concerned about the odds of detainment or deportation, call (602) 353-7795 or email our firm as soon as you can.