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?
Due Process for non-criminal aliens
- Thread starter 13hm13
- Start date
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?
Citizentobehz
Member
Under immigration laws, "undocumented" and/or "admission without insepection" are the form of criminal offense. You can ask the Judge hearing for bond, but will most likely be denied due to your "undocumented" status. This is nothing to do with "Due process".
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 detention facilities.
Folks responding to this query in "absolute" terms should note this update from ICE:
http://www.ice.gov/pi/nr/0809/080903arcata.htm
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[...]
All [23] of the illegal alien workers identified during yesterday's (September 2, 2008) operation, including 18 men and six women, are citizens of Mexico. They were photographed, fingerprinted and processed by ICE. They were also interviewed to elicit information about possible health, caregiver or other humanitarian issues, and to identify any urgent medical needs. The information aids ICE in making decisions about whether to detain an individual or permit a conditional humanitarian release.
Ultimately, 22 [of 23] of those arrested yesterday were released from ICE custody. One of the male workers, who had an extensive criminal record, was turned over to the Humboldt County Sheriff's Department based on an outstanding warrant issued out of Southern California. The remaining 21 aliens were released under ICE supervision pending future immigration proceedings.
Only one of the illegal alien workers encountered during yesterday's enforcement action, a male who had been previously deported, will remain in ICE custody awaiting a hearing before an immigration judge.
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 Mexico. They were photographed, fingerprinted and processed by ICE. They were also interviewed to elicit information about possible health, caregiver or other humanitarian issues, and to identify any urgent medical needs. The information aids ICE in making decisions about whether to detain an individual or permit a conditional humanitarian release.
Ultimately, 22 [of 23] of those arrested yesterday were released from ICE custody. One of the male workers, who had an extensive criminal record, was turned over to the Humboldt County Sheriff's Department based on an outstanding warrant issued out of Southern California. The remaining 21 aliens were released under ICE supervision pending future immigration proceedings.
Only one of the illegal alien workers encountered during yesterday's enforcement action, a male who had been previously deported, will remain in ICE custody awaiting a hearing before an immigration judge.
dafortycal
Registered Users (C)
If ICE arrests a non-criminal alien, they have the option of releasing them for a future court day, or they may detain him until the case is heard by a immigration judge. Non-criminal will normally be given a bond, if paid they can be released from custody.
If the person is from a visa waiver country and entered legally with their passport, ICE can just issue them a letter, hold them in custody, and put them on a plane home. ICE also has the option of giving that person a set amount of time to remove themselves.
If the person is from a visa waiver country and entered legally with their passport, ICE can just issue them a letter, hold them in custody, and put them on a plane home. ICE also has the option of giving that person a set amount of time to remove themselves.
dafortycal
Registered Users (C)
Rights? Alien have the same rights as citizen and in some case they have more. They have the right to contact their government, the right to contact a Attorney, to use phone and etc. The only thing different is, the government doesn't have to provide the alien a attorney unless they are facing going to prison for their immigration crime.
Fact is, ICE is not allowed to keep most aliens in custody at the same jails that are good enough for a American citizen. That's right, most american jails are not good enough to hold illegal aliens for more than 72 hours.
Fact is, ICE is not allowed to keep most aliens in custody at the same jails that are good enough for a American citizen. That's right, most american jails are not good enough to hold illegal aliens for more than 72 hours.
dafortycal
Registered Users (C)
Depends on a number of things, like where you are arrested. My guess is that you would be detained, issued the letter and placed on a plane home. Depending on the country, ICE will need 5 to 10 business days to give notice and receive permission to send you. So, a few weeks would be the correct answer. Now, if ICE doesn't have a passport, the process takes a lot longer since they will need a travel document for the airlines. Some Countries will take weeks to issue that. A person could be in jail for months, depending on their government.