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Unit 8: Practice and Procedure. Immigration Detention and Bond. Who is at Risk for Immigration Detention & Deportation ?. Any Non-Citizen: Out-of-status or undocumented immigrant (e.g. entered without inspection or overstayed visa) even if pending application to adjustment of status

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Unit 8: Practice and Procedure

Immigration Detention and Bond


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Who is at Risk for Immigration Detention & Deportation?

Any Non-Citizen:

  • Out-of-status or undocumented immigrant (e.g. entered without inspection or overstayed visa)

    • even if pending application to adjustment of status

    • “work permit” does not confer lawful status

    • even if no conviction

  • People on student, business or other visa

  • Asylee or refugee with conviction

  • LPR with conviction

  • Immigrant with old removal order (“Absconder”)


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How does DHS Identify Immigrants for Detention and Deportation?

  • Returning to US from trips abroad

  • Contact with DHS

    • applying for naturalization

    • renewing greencard

    • checking status of an application

  • Contact with Criminal Justice System (police stop, jail or prison, probation, parole)


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Immigration Detainer: What is it? Deportation?

  • Authorized under 8 CFR 287.7

  • Request that criminal justice agency inform DHS of impending release of immigrant, in order for DHS to arrange to assume custody

  • Agency can maintain custody for a period “not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit assumption of custody by the Department.”


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How to Avoid Identification Deportation?As Immigrant Subject to Detainer

  • Avoid jail time

  • Avoid final conviction (for certain immigrants)

  • Avoid disclosure of nationality, immigration status or place of birth, especially during DHS interviews in jail or prison


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DHS Interviews in Jails & Prisons: Advise Clients of Dos and Don’ts

  • Don’t say anything.

  • Don’t sign anything.

  • Don’t lie.

  • If you feel that you have to say something, only say, “I want to talk to my lawyer.”


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What Can I Do if My Client Has Don’tsan Immigration Detainer?

  • Posting bond vs. remaining in jail

  • Violations of 48-hour rule

  • Transfer into immigration custody

    • Immigration detention can be anywhere in country

    • Will immigration produce client for criminal case?


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Immigration Detention & Bond Don’ts

  • DHS can detain immigrants anywhere in country

  • Some people will be eligible for bond

    • Bond set by DHS

    • Bond hearings in immigration court

  • Some people are subject to mandatory detention under Section 236(c) of INA

  • TIP: Avoid conviction that will subject client subject to mandatory detention


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Helpful Documents and Information Don’ts

  • The A-number

  • EOIR Hotline: 800-898-7180

  • Resident Alien Card

  • Rap Sheets and/or Certificates of Disposition

  • Notice to Appear

  • Immigration court, BIA and federal court decisions


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Practical Information to Give Immigrant Clients Don’ts

  • Deportability

  • Post conviction relief

  • Avoiding trigger sites (travel, DHS, arrest)

  • Avoiding identification in jail/prison

  • Detention – bond eligibility, transfers

  • Removal proceedings – government will not provide attorney

  • Give key documents to family members

  • Resources


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Practical Information to Give Families of Clients Detained by Immigration

  • How to find a loved one in immigration detention

  • EOIR Hotline (particularly useful for date and place of next court hearing): 800-898-7180

  • Key documents

  • Resources


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