Immigration is a hassle for individuals and their families. When Immigration and Customs Enforcement (ICE), detains someone, they may be eligible for an immigration bond. The bond allows them to be released from detention while waiting for their immigration court hearings.
This guide will explain what happens in the booking process for immigration and how immigration bonds function. It can make a stressful situation easier to handle.
Initial Intake
After ICE detains someone, they are taken to an immigration detention center or a local jail that has a contract with ICE. The individual is processed and held while ICE conducts background checks and reviews their immigration status. They may be subject to a “pat down” to check for contraband.
Once this is complete and the person is brought into the booking area, they are taken to an officer who enters all their personal information into a computer. Officers conduct fingerprinting and gather biometric information to confirm the person’s identity.
ICE Detainers
If local law enforcement arrests someone and ICE puts a detainer on that person, then they may be held in jail for up to 48 hours. These 48 hours do not include Saturdays, Sundays, and holidays. Detainer request that local jails notify ICE of the detainee’s release date and hold them until ICE arrives.
ICE Detainers are voluntary requests, which means it is up to the local law enforcement agency to comply. It is not required by them.
Legal Assistance
At this point of what happens in the booking process for immigration, detainees can ask for legal assistance. It’s important to detainees to know their rights in these cases:
- You have the right to remain silent when questioned.
- You do not have to explain your immigration status with any law enforcement officer.
- You must show immigration papers to immigration agents if they ask and you have them with you.
- You can decline to being searched by an immigration agent.
Getting a Notice to Appear
ICE detainees will receive something called a Notice to Appear. This is a document that says what detainees are being charged with and a date for the first immigration court appearance. This NTA is a critical part of what happens in the booking process.
Immigration Court Proceedings
While this is after what happens in the booking process, this is when you can get an immigration bond. You will be scheduled for a Master Calendar hearing that will determine if you are eligible for an immigration bond among other matters related to your case. If you were not able to get an immigration bond, you can submit a written request for a bond hearing. Then, you will determine if you are eligible to post a bond for immigration.
How Does an Immigration Bond Work?
Immigration bonds work by allowing detainees to be released while they wait for court hearings. They act as a guarantee that the person will attend all future court hearings. Detainees must attend all court dates. There are two types: delivery bonds and voluntary departure bonds, which involve leaving the US by a set date.
Bond amounts vary and are set by ICE or an immigration judge, based on community ties and any criminal history. If detainees meet all conditions, the bond amount is refunded.
Need Help with an Immigration Bond?
What happens in the booking process for immigration is harrowing. Being separated from loved ones is difficult, but the financial blow of bond should make things worse. Visit one of our convenient locations to get your loved ones released as soon as possible. Get help today!