Being arrested and detained by themselves are frightening experiences for the accused individuals and their loved ones. But, when the arrest and detention is carried out by immigration authorities, the fear and uncertainty is much worse. Many immigrants are arrested by immigration authorities and are kept in detention while their cases are pending before the Executive Office for Immigration Review (i.e., Immigration Court).
The governing agency that carries out arrests is Immigration and Customs Enforcement (ICE). While this department is supposed to follow the laws of the United States in accordance with the arrested individual’s rights, this does not always happen. Sometimes, the ICE may try to elicit an immigrant to make statements that could greatly harm the immigrant’s case, leading to removal from the United States. For this reason, it is important that the arrested immigrant say nothing at all until he or she is able to speak with an immigration attorney.
For example, if your non-citizen husband or wife is arrested because he or she was charged with a crime that, if convicted, might lead to removal from the United States, your husband or wife is still considered to be innocent until proven guilty under United States criminal law. Therefore, immigration authorities cannot claim that your spouse is guilty of any crime that would lead to removal from the United States. This is why it is extremely important to have the assistance of an experienced immigration attorney to immediately seek to protect your loved one’s rights.
Another example arises when immigration authorities may come to your home to arrest and detain your non-citizen spouse for the same reason described above. By law, you do not have to give permission that allows the immigration authorities to enter your home unless they have a warrant. This is something that many people are not aware of, and immigration authorities are often successful in arresting and detaining immigrants in this manner.
How Long Are Immigrants Detained After Being Arrested?
If you are placed in removal proceedings after being arrested and detained by immigration authorities, you may be detained for the entire period of time while your case is pending. This is one of the most stressful aspects of being arrested and detained. This gives the impression that the immigrant is already guilty of something when in fact he or she may be falsely accused. With the help of an immigration attorney, you may be able to fight to be released from immigration custody.
Ultimately, the decision made by the Immigration Court will determine when you will be released from custody if you are required to be detained while your case is pending. This can take anywhere from a few months to a few years. The bottom line is that you should consult with an immigration attorney about all of the possible consequences of being arrested, detained, and removed from the United States. If you are aware of your rights and obligations ahead of time, you will know what to expect and how to possibly avoid being arrested and/or detained in the first place.
Contact the Immigration Attorneys of Geygan & Geygan, Ltd. Today to Schedule a Free Consultation
If your loved one has been arrested and is being detained by United States immigration authorities, it is essential that you consult with a highly experienced immigration attorney right away. Immigrants do have rights that need to be protected and sometimes immigrants are taken advantage of by immigration authorities if they are not fully aware of their rights. At Geygan & Geygan, Ltd., our skilled and dedicated immigration attorneys fight for their clients’ rights to be free from arrest and detention by immigration authorities. To speak with one of our immigration attorneys, contact Geygan & Geygan, Ltd. today by calling (513) 791-1673 to schedule a free consultation.