Wichita Bail Bonds Blog

When immigration authorities pick someone up from jail, it means they are being transferred from local or state custody into federal immigration custody. This happens when U.S. Immigration and Customs Enforcement (ICE) places a hold or detainer on a person suspected of being in the country without legal status or violating immigration laws. Once ICE takes over, the individual moves into the deportation process, which follows federal immigration rules instead of state criminal law.

How The Process Starts

• After an arrest, the jail notifies ICE if the person is believed to be undocumented or has immigration issues.
• ICE places what’s called an immigration detainer, asking the jail to hold the person for up to 48 hours beyond their release date.
• Once ICE agents arrive, the person is taken into federal custody and transported to an immigration detention facility.

What Happens After ICE Takes Custody

• The individual is processed, fingerprinted, and interviewed by immigration officers.
• ICE reviews the person’s criminal history and immigration record to decide whether to release them or begin removal proceedings.
• Depending on the situation, the person may be eligible for an immigration bond or supervised release, but this is not guaranteed.
• In some cases, ICE decides to keep the person in detention until their immigration case is resolved.

Immigration Court Proceedings

• After being detained, the person is scheduled for a hearing before an immigration judge.
• The judge determines whether the person can remain in the United States or will be deported.
• If eligible, the detainee’s attorney can request bond or argue for relief such as asylum, cancellation of removal, or adjustment of status.
• If the person has prior deportation orders or serious criminal convictions, removal can happen quickly, sometimes within days or weeks.

How Long Detention Lasts

• The time in immigration custody varies. Some people are released within days, while others remain detained for weeks or months.
• The length depends on factors such as pending court cases, cooperation from the home country for deportation, and any legal motions filed by the defense attorney.

What To Do If ICE Picks Someone Up

• Contact an immigration attorney immediately to check for possible bond eligibility or relief options.
• Locate the detainee using ICE’s online detainee locator or by calling local immigration offices.
• Prepare documents like identification, immigration history, and proof of family or community ties to help with bond or defense arguments.
• Act quickly because decisions can happen fast, especially if there is already a deportation order in place.

When immigration picks someone up from jail, they are transferred into federal custody and may face deportation proceedings. The process involves detention, court hearings, and possible release on bond, depending on their legal status and criminal history. Getting legal help right away is the best way to protect the person’s rights and improve their chances of staying in the country.