Detention in regards to immigration is the process in which a foreign national is arrested and taken to a detention center until their case is heard, or until the person is placed on a plane and deported.

Someone can be detained if they were found to have entered the United States illegally, have committed a crime while here, or if they maybe a public threat. If you are detained by ICE, you can be held in a detention facility for months until you are allowed a hearing before an immigration judge to determine whether you can be deported.

Officials may detain an immigrant in several instances. ICE will often detain people they consider a public threat. Officials will detain an apprehended immigrant who has overstayed their visa or entered the U.S. illegally. ICE officials may detain someone in order to confirm their identity and their status, especially if they need a translator or a family member to confirm their identity.

Immigrants who have received a criminal conviction such as a felony listed in The Immigration and Nationality Act are also subject to detention. After detention, a court hearing will determine if the person is deportable. It may be possible to get out of ICE detention by posting a bond, similar to posting bail after an arrest.

“ICE will often detain people they consider a public threat”

People who have criminal convictions will find it harder to get an immigration judge to allow you to post bond pending your hearing. An experienced immigration attorney will be able to help you determine your eligibility for a bond after detention and to prevent you from being deported.

Additional Resources:

1. Deportations
2. Immigration Detention
3. Expedited Removal
4. Voluntary Departure
5. Immigration Bond
6. Asylum
7. Gender-Based Asylum
8. LGBT Asylum
9. Withholding of Removal
10. Convention Against Torture (CAT)