For immigrants in the U.S., a prison sentence has far-reaching consequences. Such convictions for criminal offenses can present significant challenges, as a clear violation of state and federal laws may imperil an individual’s right to stay in the country after their release. This is also dependent on whether the release occurs before the U.S. Immigration and Customs Enforcement (ICE) issues an immigration detainer. Continue reading to discover how an immigration detainer operates and how a knowledgeable Essex County Immigration Attorney can assist in contesting one.
How Does an Immigration Detainer Work?
An immigration detainer, or hold, is an official request from ICE to a law enforcement agency. Essentially, it asks the agency to keep an individual in custody for potential deportation, even after they would normally be released from criminal proceedings. It’s an administrative tool that is used to apprehend those subject to deportation upon release from criminal custody.
When an individual is arrested in New Jersey, their fingerprints are sent to both the FBI and ICE. If ICE determines the individual is subject to removal, it can issue a detainer to the correctional facility. This detainer requests that the individual remain in custody for an additional period, typically 48 hours, beyond their scheduled release. This additional time allows the U.S. Department of Homeland Security (DHS) to plan for and assume custody of the immigrant.
DHS will take such action when it has probable cause ot beleive the individual is subject to removal from the U.S. This usually occurs if the individual has been convicted of a crime that poses a clear safety or national security threat, such as burglary, kidnapping, homicide, or drug trafficking.
What is the Discretionary Nature of Immigration Detainers on Local Law Enforcement?
An immigration detainer is not a judicial warrant. As such, local, state, and federal law enforcement agencies are not legally compelled to carry out such orders. These agencies possess the discretion to determine whether an immigration detainer alone warrants continued detention, given the unique circumstances. Furthermore, prolonged confinement beyond an imposed sentence constitutes a violation of an individual’s constitutional rights. If you have been released from a detention facility after being subject to an immigration detainer, continued caution is paramount.
Unfortunately, despite law enforcement not being obligated to enforce an immigration detainee, ICE can initiate procedures to take you into custody in the public sphere. For more information, please don’t hesitate to contact an attorney at The Law Offices of Christopher T. Howell, Esq. Our legal team is prepared to help you understand your legal options. Connect with our firm today to schedule a consultation.