What Types of Criminal Cases Related to Immigration Does Your Firm Handle in Texas?
Recently, our firm has taken on a lot of domestic violence and assault cases. In regards to the assault cases, they often result from disputes and arguments between spouses that lead to an arrest. People who don’t have papers usually have an immigration detainer placed on them after they are arrested.
How Could My Criminal Case or Pending Charges Affect My Immigration Status?
If you’re convicted of certain charges, you might be deemed by Immigration to be deportable from the United States. What you’re accused of and how that case is categorized by immigration authorities can have an impact on whether or not you’ll be found removable because of that case.
How Does ICE Identify Immigrants Who Are in the Criminal System?
There are a lot of ways in which ICE can determine that an alien has been accused of a crime or is in custody. In some county jails, especially down here in South Texas, there will be an embedded immigration officer who talks to inmates and assesses whether or not they are citizens of the US. There are many other ways, but that’s one of the most common ways that immigration can gain knowledge that the person who is here in the country illegally or with just a visa has committed some sort of an offense that could possibly lead to them being removed from the country.
What Should I Do If ICE Contacts Me While I Am in Jail?
If you’re in some sort of custody and Immigration wants to talk to you, they are likely there to ask about your citizenship. You can invoke your right to counsel (tell them that you have an attorney). If you don’t have any papers, it’s generally in your best interest to speak to them; they could hold it against you in the future should you refuse to speak to them. By volunteering whatever information you have, it could possibly help you in your future, depending on what your crime is and what your chances are of beating the charges.
What Is an ICE Hold or an ICE Detainer?
An ICE detainer is basically a notice that Immigration serves on the arresting agency or authority to inform them that ICE has an interest in detaining that person once they are done with their custody in county or state jail. It’s essentially a notice informing local authorities that the person is a non-citizen and will be processed by ICE once their criminal case is over.
Will I Be Released If I Pay a Criminal Bond and Have an ICE Hold?
Whether or not you will be released depends on a lot of circumstances. Normally, if you have an ICE hold and you pay a criminal bond, you are not going home. You are, instead, going from custody of the state into Immigration custody. You may eligible to apply for an immigration bond to be released from immigration custody. Under certain circumstances, due to potential changes in regulations in some locations, paying a bond might get you released instead of transitioning you into immigration custody. That, however, is not the norm.
What Happens After I Am Released from Jail and Transferred into ICE Custody?
Once you are transferred into ICE custody, you will be given formal charges against you, stating all the reasons that make you removable from the United States. Depending on which ground of removability ICE is going to use against you, that will determine whether or not you’re eligible for release from detention. Again, that depends on the severity and the category of the crime. Typically, if the crime is considered an aggravated felony offense, you will not be eligible for an immigration bond.
Is There Anything I Can Do to Reduce the Consequences of a Criminal Charge or Conviction on My Immigration Case?
There are things you can do to reduce the negative consequences. Obviously, the best outcome would be to get the criminal charges dismissed. If that’s not possible, then there has to be some sort of a plea agreement or a disposition of the case, where whatever you as the accused person is agreeing to does not affect you for immigration purposes. If you decide to come to an agreement, it’s very important that the agreement doesn’t contain any language or obligations that will have immigration consequences.
For more information on Criminal Cases Related to Immigration in TX, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (956) 766-4000 today.