There are multiple federal organizations that play a role in immigration. The United States Citizenship and Immigration Services (USCIS) reviews requests for visas and green cards. The USCIS often needs help enforcing standards and taking action when people overstay their visas.
United States Immigration and Customs Enforcement (ICE) has been incredibly active in recent months. Changing immigration policies have resulted in many people facing detention or removal from the United States. ICE can intervene in many different scenarios.
In some cases, people find themselves facing ICE holds, also known as immigration detainers. Immigrants embroiled in legal controversy typically need to understand what happens during an ICE hold and how to respond to one.
What is an ICE hold?
There are many tools available to help ICE take appropriate action after learning about a potentially dangerous immigrant or foreign national residing in the United States. In many cases, an individual’s conduct becomes a source of concern after their arrest by a local, state or federal law enforcement agency.
When ICE learns that other agencies have taken a person of interest into custody, agents can request a hold or immigration detainer. Immigration detainers give ICE an opportunity to respond to allegations of criminal activity involving an immigrant. It takes time to arrange for the lawful detention or transfer of an immigrant, and the ICE hold gives the organization time to take necessary steps.
These holds technically allow the agency with the immigrant in custody to extend how long it can lawfully detain in individual by an additional 48 hours. The process may lead to the arresting agency transferring custody of the immigrant to ICE.
How can immigrants fight ICE holds?
ICE can only request a hold when there is probable cause to believe that the immigrant in question is removable. Undermining that assertion can help prevent the arresting agency from granting the hold and continuing to detain the immigrant.
In some cases, working directly with the agency that initially arrested the targeted person can be an option, as the agency does not have an obligation to grant the hold request. Most immigrants facing ICE hold requests, criminal charges and removal efforts need support navigating the legal process.
Understanding the unique rules that apply in different immigration scenarios can help people assert their rights. Those facing ICE holds and at risk of removal proceedings may need help responding assertively and protecting their right to remain in the United States, and that’s okay.