An immigration hold is a civil custody matter that is separate from the criminal proceeding in that the defendant has been arrested.
A “no- bail” holds can be placed on a defendant because of immigration status, parole, probation, or out-of-county warrants. If a client is detained by a hold placed by the Department of Homeland Security’s (DHS) Bureau of Citizenship and Immigration Services, the defendant should seek counsel that is familiar with immigration matters as they pertain to immigrants accused of a criminal law violation.
An immigration hold request is often initiated by a call to the immigration officials by local authorities.
It is recommended to not answer any questions regarding alienage posed by local or federal authorities. The Department of Homeland Security’s ability to hold without a warrant is limited, for instance, a verbal hold must be followed by an administrative warrant within 24 hours. Accordingly, a detained non-citizen may be released on bond or conditional parole (i.e., without bond). The process involves the discretion of an immigration official and the action of an administrative law judge.
In short, if one is taken into custody and he or she is a non-citizen, it is highly recommended they post bail at the local police station or courthouse before they are taken to the county jail where ICE and or immigration officials will be ready to interview them. Always if you have a comment or concern please feel to contact me.