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Folks responding to this query in "absolute" terms should note this update from ICE: http://www.ice.gov/pi/nr/0809/080903arcata.htm === [...] All [23] of the illegal alien workers identified during yesterday's (September 2, 2008) operation, including 18 men and six women, are citizens of...

Unless an alien has a "rap sheet", being undocumented or out-of-status is a civil violation, not a "criminal offense" (correct me if I'm wrong). As far as alien non-criminals (& without prev. final deportation orders) being detained ... I think that may be determined by avail. space in various...

Say a NON-CRIMINAL undocumented immigrant is picked up in a house raid. And that person is a visa overstay, with no prior arrest or deportation order. Will that person be detained (jailed), or let go (per due process) but with the de facto Notice to Appear?

If you were fingerprinted, and the state police followed std. proceedure, you're in the FBI database with a description of the offense. USCIS will have this info. Whether they choose to use this info against you is another matter.

If one is a non-criminal undocumented alien -- e.g. visa overstay with no prior civil or criminal arrest record -- and is picked up by ICE, will that indiv. be released (and then given a court date, i.e., sent Notice to Appear via mail), or will that person be detanied until the court date?

woldemariam: did you do an EOIR FOIA (Freedom of Infomation Act request) on your A#?

While I know that airlines do status checks, are long-distance ground-based transportation services (like Greyhound) also checking status?