Immigration Detention and Release: 7 Quick Tips

This new article will discuss typical issues on applying for Bond (what Immigration authorities call Bail in Immigration Detention cases) as well as Parole (another way to be released).

All over the United States, immigration lawyers receive calls and emails about new arrivals in Immigration Detention, facing deportation (called Removal since 1997).

  1. Most people in Immigration Detention have been arrested after: Past or present meetings with the police, or When they have no green cards or visas. They are scheduled for removal hearings while in Immigration Detention.
  2. Large numbers of foreign nationals in Immigration Detention are not able to seek bond.  A prime example of those in Immigration Detention ineligible for bond  are called arriving aliens. Arriving aliens are (a) caught at a land, air or sea border while seeking entry into the United States; (b) caught and put in Immigration Detention even when they do not wish to enter the United States; and (c) Returning Green Card Holders considered to be seeking a lawful entry.
  3. Immigration may release (parole) legal permanent residents without crimes that make them mandatory immigration detention cases. Immigration may also parole foreign nationals who  prove credible fear of persecution or torture in their homelands. These parolees still must appear in non-detained removal hearings.
  4. Many states, cities, and towns have made it clear that they are too busy to do Immigration’s job – however thousands of immigrants in local police custody are transferred every week to Immigration Detention due to criminal acts.
  5. Such immigrants may be able to receive a bond.
  6. 18 years ago, President Bill Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act which caused mandatory detention (NO Bond) for a huge number of immigrants with criminal records even if those people had green cards for many years as well as American citizen spouses and children.
  7. The key is to remember that generally immigrants freed by law enforcement AFTER October 9, 1998 are subject to mandatory immigration detention. But there are ways to fight both immigration detention and removal.

IF YOU HAVE A LOVED ONE IN IMMIGRATION DETENTION, CALL A LAW FIRM WITH EXTENSIVE EXPERIENCE IN HANDLING THESE CASES AND GETTING IMMIGRANTS RELEASED!!

Written by: Harlan York

Immigration Attorney Harlan York is Former Chair, Immigration Section, NJ State Bar Association and Former Co-Chair, NY State Bar Association CFLS Immigration Committee. Mr. York appeared on National Television on CBS This Morning with Charlie Rose and Primer Impacto on Univision, as well as Telemundo, NBC, and PBS. He was honored as First Ever Immigration Lawyer of The Year in NJ by Best Lawyers.

Do you have a question about Detention?

Call us anytime at 973.642.1111 or email us using the form below.

  • This field is for validation purposes and should be left unchanged.