INS Law Online

Backlog News-Breaking News
On August 25, 2006 CIS began the premium processing program for EB3 I-140 cases. Beginning September 25, 2006 the program has been expanded to include all employment categories except Extraordinary Ability, Multinational Executives and National I Interest Waiver cases.

For those of you who have been anxious to know (and you know who you are) the Department of Labor PERM website at www.plc.doleta.gov now indicates that the Backlog will be eliminated by September 30, 2007.

Help, Immigration Just Picked Up My Husband/Wife/Son/Worker/Friend/Nanny/etc….What Do I Do?

It seems that at least once a day the intercom buzzes on my phone and Susan, our trusted receptionist, announces that line one is someone who just had a loved one or employee picked up by immigration. On the line is usually someone who is panicking after either watching ICE (Immigration and Customs Enforcement) roust their loved ones from their home or after receiving an ominous phone from a detention center. This is never a comfortable time for anyone, especially since the process is often shrouded in secrecy.

When someone is picked up by ICE on either a warrant for arrest or simply encountered and found to be amenable to be removed from the United States the following steps are normally taken:

If here in the Philadelphia region they are normally transported to 1600 Callowhill Street, 5th Floor, Philadelphia, PA and there they are processed. At this processing ICE will make a determination as to whether or not to continue to detain the person or to let the person go.

If the person is going to continued to be detained, they will usually be taken to York County Detention Facility. There are several other detention facilities in the region, but York is by far the largest. Once at York, they will be processed for intake and will eventually be seen by a Deportation Officer who will decide whether or not to put a bond on the person.

It is important to note that the government is free to take individuals to anywhere they like within the United States for detention. Transfer to places like Louisiana, Texas or Florida are not uncommon.

If a bond is placed upon the individual, then the person will be released upon payment of that bond. If the person believes the bond placed upon them is too high, then they can request to see an immigration judge and ask the judge to lower the bond. If no bond is placed, then the individual will typically be allowed an opportunity to request a bond from an immigration judge.

An immigration judge normally requires the following in order for a person to be considered for having a bond placed upon them:

If the person meets those standards and is eligible for a bond, the immigration judge will usually place a bond, the minimum being $1,500 with no maximum amount. All judges differ in their approach to resolving bond issues.

Some judges will allow someone with no serious criminal record but no viable form of relief available to receive a bond on the condition of accepting voluntary departure. Voluntary departure means that the individual will be released from custody and agrees to leave voluntarily from the United States by paying their own way in the time period set by the immigration judge. The maximum allowable time period in this instance is 120 days. If the person does not comply with voluntary departure and stays beyond the date set by the immigration judge the immigration judge’s grant of voluntary departure automatically turns into an order of removal. The person will lose any bond monies posted, be subject to arrest, civil penalties and ineligible for most immigration benefits for 10 years.

Not everybody is eligible to receive a bond. Those individuals convicted of certain criminal offenses that were released from custody¹ after October 9, 1998 are subject to mandatory detention and are not eligible for release on bond. Neither are those with final orders of deportation or removal eligible for release on bond.

During the processing of the individual, that individual should be given a Notice to Appear, which is the charging document where the government outlines why they believe a person should be removed from the United States.

The government attorney will then file that Notice to Appear with the Immigration Court and the process will be underway.

If the person already has an outstanding order of removal pending, generally that person will not be seeing an immigration judge and will simply be processed for physical removal from the United States.

The first thing I always try to emphasize with my clients who are in danger of being picked up by ICE is to be prepared. One must be realistic regarding the possibility of being detained by ICE. The following is a list of persons who are subject to arrest and detention by ICE:

The following is a list of things/information that should be on file and accessible to family and friends:

Having this information handy if a loved one is detained will greatly assist your attorney in representing the detained person.

1. Custody is loosely defined in the immigration context. Even very brief periods of time where one’s freedom is restrained (i.e. a couple hours in lock up while your case is being processed) is considered custody. Also, the custody element can be satisfied for custody before or after conviction and even for custody during a subsequent offense that did not result in a conviction.

The information contained in our newsletter is not meant as legal advice. The information is of a general nature and does not create an attorney client relationship. Please consult a qualified attorney and discuss the specific facts of your case before taking any action.