We wrote and talked about all kinds of visas to America, the change of status, green cards and citizenship and immigration waivers.
In this article, we would like to acquaint our readers with a very unpleasant phenomenon — the American immigration jail. What is it? Who gets it, what sort of conditions, and, most importantly, how to get out of it?
Many believe that if an immigrant in the country illegally, or has been denied a visa or green card, it means that such a person necessarily immediately arrested. The reality is somewhat different.
In what cases do you can arrest/detain?
If you are detained by the immigration authorities with an expired visa, you can be arrested and put in immigration jail. In most cases it happens by accident, during a test, for example on the road near the borders, public transportation, etc. Especially to look for a person with an expired visa, no one will.
If the case of an immigrant was taken to court and issued a deportation order that person, there is a probability that this immigrant will be looking for. So I always suggest to customers if they call in immigration court, don’t ignore the challenge. Hide your head in the sand and hope that no one will find you — not an option. Importantly, to prevent issued a deportation order or if the order is already in force, the time to appeal.
The immigrant gets to the immigration prison, having done any, even minor offense. If the police arrested him for a crime and has no legal status, the police reported to immigration authorities, and they get an arrest warrant. At that moment, as the police are ready to let go of a man (he was already serving a sentence, on bail, etc.), the immigration authorities come and take their immigration status.
Another sad situation of an immigrant who has a green card commits a serious criminal violation and then, after a prison sentence for this crime, the immigration authorities start the process of depriving the immigrant of his/her green card and be taken to immigration jail.
What is the immigration jail?
In English it is called the place of detention.
There are specialized places where people are only immigrants. But very often it is an ordinary prison with a designated place for immigrants. However, the detained illegal immigrants are not detained together with criminals, even if it’s one prison.
After the arrest, the immigrant must be a hearing before an immigration judge who will decide whether a detainee could be released on bail, without bail (and parole) while the case is pending (which could take months), or must be detained.
Usually, the court does not allow an immigrant to go free while the case is pending, if he has committed a serious crime and is a danger to society, or already have a deportation order, but the immigrant is not left America as he was ordered by the court.
There are many other factors which the court may decide to release a detained immigrant, while his case is pending, or to hold in custody.
In any case, it is very important as soon as people were arrested by the immigration authorities, immediately file a petition for a court hearing regarding the exemption under (or no) collateral. Otherwise, you can spend 2-3 weeks without a trial. A properly completed and timely filed a petition for exemption can often reduce the length of stay in immigration jail.
Alexander Ziring
lawyer
(718) 332-5600 info@tsiringlaw
The main thing that everyone should know, — there are no hopeless situations.
The article «What is a us immigration prison» was first published 25.08.2017.
