DETENTION AND BONDS

South Florida is the home to two major detention facilities:  the Krome Service Processing Center in Miami, Florida and the Broward Transitional Center in Pompano Beach, Florida.  It is important to contact a qualified immigration attorney immediately if a family member is detained by Immigration and Customs Enforcement ("ICE"). Normally, a detainee will be held during the entire pendency of his or her removal proceedings unless released on bond.  

Many non-criminal and some criminal detainees are eligible for release from detention in the form of an immigration bond.  However, many criminal detainees are ineligible for release on bond and subject to "mandatory detention" during the pendency of his or her removal proceedings due to serious criminal convictions.  Our office represents many individuals in filing Motions for Release on Bond and before immigration judges in bond proceedings.  Please contact our office immediately to determine if a detainee is eligible for release on bond.  

Our office also works regularly with detained and non-detained individuals who have been ordered deported in filing I-246 Stay of Removal, which prevents their physical removal from the United States.  Stay of Removal can be especially important in the climate of strict enforcment of the immigration laws by the Department of Homeland Security.

Immigration attorneys across the United States have seen significant changes to the priorities of the Department of Homeland Security and its enforcement arm, Immigration and Customs Enforcement (“ICE”) which are negatively affecting our immigrant communities.  While prior enforcement priorities focused mainly on those immigrants with significant criminal records, ICE’s new enforcement priorities cast every undocumented immigrant into a broad net of detention and removal.  So, what rights do you have if ICE comes knocking at your door?  All people living in the United States, including undocumented immigrants, have certain U.S. Constitutional rights and a right to due process.  The American Immigration Lawyer’s Association explains some of these rights:

• You do not have to open the door. You do not have to open the door or let the officers into your home unless they have a valid search warrant signed by a judge.
  • An ICE deportation warrant is not the same as a search warrant. If this is the only document they have, they cannot legally come inside unless you verbally agree to let them in.
  • If the officers say they have a search warrant signed by a judge, ask them to slide it under the door or hold it up to a window so you can see it.
  • If the warrant does not have your correct name and address on it and is not signed by a judge you do not have to open the door or let them inside.
  • If at any point you decide to speak with the officers, you do not need to open the door to do so. You can speak to them through the door or step outside and close the door.

• You have the right to remain silent. You do not need to speak to the immigration officers or answer any questions.                                         
  • If you are asked where you were born or how you entered the United States, you may refuse to answer or remain silent.
  • If you choose to remain silent, say so out loud.
  • You may show a know-your-rights card to the officer that explains that you will remain silent and wish to speak to a lawyer.
  • You may refuse to show identity documents that say what country you are from.

• Do not show any false documents and do not lie.

• You have the right to speak to a lawyer. If you are detained or taken into custody, you have the right to immediately contact a lawyer.
  • Even if you do not have a lawyer, you may tell the immigration officers that you want to speak to one.
  • If you have a lawyer, you have the right to talk to them. If you have a signed Form G-28, which shows you have a lawyer, give it to an officer.
  • If you do not have a lawyer, ask an immigration officer for a list of pro bono lawyers.
  • You also have the right to contact your consulate. The consulate may be able to assist you in locating a lawyer.
  • You can refuse to sign any/all paperwork until you have had the opportunity to speak to a lawyer.