ICE hold – Immigration and ICE (Immigration and Customs Enforcement)
What is an ICE Hold?
Before we get into talking about an ICE hold, let’s start with some preliminary information regarding criminal law and bond. Typically, when someone is charged with a state crime and is detained, the person goes before a magistrate or a judge and the terms of their release are established. Normally, unless the crime is very serious and the person has an extensive criminal record a bond is established. How that works is that a monetary amount is set and the bond is either secured or unsecured. If the bond is unsecured, the defendant is released and he is given a court date where he has to show up. If the bond is secured the defendant has to pay that dollar in amount in order to be released.
How does an ICE hold happen?
The bond process described is assuming that the defendant is citizen of the United State. If the defendant is not a citizen however, there is a possibility that they will have an ICE hold which makes the process a lot more complicated. ICE stands for Immigration and Customs Enforcement, and it is a government agency that enforces immigration laws in the United States. If the defendant has an ICE hold, instead of being released when they post their bond the jail will hold them for some period of time to give ICE time to come and pick up the defendant.
This can happen to any undocumented defendant who is charged with a crime and detained no matter how minor the crime is. What is surprising however, is that this can happen to someone who has some status, such as permanent resident, or someone who is here on a Visa.
What are the consequences of an ICE hold?
If the defendant gets picked up by ICE in North Carolina, they are usually taken to an ice detention center in Lumpkin, Georgia and from there removal proceedings begin and they are deported from the country.
What can you do about an ICE hold?
In the situation we describe it is important to not only have a lawyer who is family with criminal law, but it is also important that that attorney have at least some knowledge of criminal defense. There are strategies that can be used to fight the criminal charges while keeping the defendant in the country. This takes some experience and knowledge, because even the dismissal of charges does not necessarily mean that the ICE hold will go away.
Typically, if a loved one is arrested, the first priority is normally to get that person a bondsman or for the family to post the bond themselves. This is not the case with an ICE hold. If you have a family member or friend that is detained and has an ICE hold you should contact a lawyer immediately. At Gilles Law we handle cases like this regularly. Contact us for your criminal and immigration needs.