When a person is arrested, and it is discovered that they are not a legal resident of the United States, then they may be detained by the Immigration and Customs Enforcement, until their residency is established, or lack thereof is confirmed, and then they will be deported to their country of residence.
The Immigration and Customs Enforcement (ICE) is a federal law enforcement agency which falls under the United States Department of Homeland Security (DHS). This was formed in 2003 following the passing of the Homeland Security Act of 2002 – which was designed to tighten security throughout the nation following 9/11. The primary function of ICE is dealing with our nation’s border security. Their purpose is to protect the U.S. and uphold public safety by monitoring and enforcing immigration laws.
This purpose is seen through by their many branches, including Homeland Security Investigation (HSI), Enforcement & Removal Operations (ERO), as well as other branches. Officially headquartered in Washington D.C., it oversees the enforcement of over 400 separate statutes with the help of their over 20,000 employees. They consider it their mission to help prevent the possibility of terrorist attacks by protecting the borders and providing comprehensive defense for all U.S. citizens.
As such, they are heavily involved in issues of immigration.
One main purpose of the ICE is to determine an illegal alien, confirm lack of citizenship and return the alien to their country of origin. This can have a very detrimental effect on families, friends and co-workers of anyone who is the victim of deportation. Generally when a person is arrested for a crime, it is at that point that ICE may detain the suspect while their state of residency is checked. At this point, the immigrant may be released on bond or they may be kept detained, depending on circumstances.
Being detained by ICE in either their Buffalo Federal Detention Facility or their Orange County Correctional Facility is far from uncommon. In fact, this form of detention is one of the fastest growing forms of incarceration. If you or a loved one have been detained, it is important to get the legal help that you deserve. Should a non-citizen be detained, they may not be read their Miranda warning and may not be informed of their ability to seek help through the retention of a knowledgeable attorney.
If they have been detained for inadmissibility or removability, they will be put forward into a bail hearing. If they are released upon bond, they will be required to return for their formal hearing. If it is determined that they pose a flight risk, they will be kept in detention. If you are facing deportation, or if you are being detained by ICE, you will need the legal aid of our firm. We offer a free in-office case evaluation as well as 24/7 contact availability. No one should be wrongly separated from their family due to deportation. Our firm has the advantage of a former judge and former immigration prosecuting attorneys on our team. This gives us an advantage so don’t wait – call us today!
If you are being detained by ICE, or if you are facing deportation then contact a New York immigration lawyer from Pozo Goldstein, LLP for a free in-house case evaluation today.