Detainers

When a non-citizen is arrested by different local and state police agencies, they notify United States Immigration and Customs Enforcement (“USICE”) that they have arrested a non-citizen. Shortly thereafter a “detainer” or “hold” is placed upon them by USICE, requiring that local agency to hold the non-citizen until 48 hours has passed (not including weekends and holidays) from the time that he or she is entitled to be released in order to give USICE the opportunity to either question or arrest the non-citizen and place him or her in proceedings.

In many instances, these local agencies illegally hold the person for more than 48 hours after the person’s family has posted bond. In that instance, you would need to contact a good criminal defense attorney or deportation lawyer to file a habeas complaint against that agency for the release of the non-citizen. In many instances, however, it may not be worth the time and money to seek the release of the alien especially if USICE picks up the non-citizen shortly after the expiration of the 48 hour period.

In many instances, the local sheriff will refuse to accept a bond payment in a criminal case because of the USICE detainer. This is mistaken and you should ask to speak to a supervisor. In most instances, it is advisable to post the bond so that the non-citizen will, in fact, be arrested by USICE. It does not make sense for the non-citizen to remain in jail on the criminal case when he or she will be arrested by USICE at the end of the case anyway, especially if the person is entitled to be released on bond from USICE. In most instances is advisable to post the bond despite the detainer. In all instances, however, you should be seeking the advice of an experienced deportation lawyer.