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Immigration Arrest. What Should You Do?

Feb. 22, 2021

During the 2020 fiscal year, the U.S. Immigration and Customs Enforcement conducted 103,603 administrative arrests and 4,360 criminal arrests. An undocumented immigrant or a person suspected of illegal entry, visa violations, or unauthorized arrival into the United States may be arrested and detained by immigration.

At Gurian Group, P.A., I'm dedicated to offering comprehensive legal guidance and strong representation in legal matters of immigration, including immigration arrests and detention. As a knowledgeable Florida immigration attorney, I will evaluate the circumstances surrounding your personal situation, help you understand your available legal options, and determine an effective defense strategy for your case. I will fight vigorously to protect your rights and help you seek relief from deportation or removal. I proudly serve clients throughout Miami, Florida, and other surrounding areas.

Common Reasons for Detention

Immigration detention can be described as a practice of holding immigrants while awaiting confirmation of their immigration status or possible removal from the United States. In the 2019 fiscal year, an estimated 510,854 people were detained by the United States government in jails throughout the country run by ICE. Some common reasons for immigration detention include:

  • Visa violations

  • Illegal entry into the United States

  • Unauthorized arrival

  • A person subject to deportation and removal

  • Committing a crime

  • Missing prior immigration hearing dates

  • When a person presents a risk of running away from future removal proceedings

  • When a person is suspected to be a danger to themselves or others

Your Rights

If you are arrested by immigration, it is important that you know your rights. Remain calm and remember the following:

  • You have the right to remain silent and not discuss your immigration status with police and immigration officials. You should ask to speak to an attorney.

  • If you are detained, you have the right to call your family or an attorney.

  • Show the immigration officer your immigration papers if you have them with you or remain silent.

  • Never sign any document without it being reviewed by your attorney.

  • Take down relevant information about the deportation officer assigned to your case, including the person's name and telephone number.

  • Do not agree to a voluntary departure.

  • You have the right to contact your consulate.

  • Politely refuse the request of the immigration agent to search you or your belongings.

  • Tell your attorney everything you think is vital about your immigration case.

  • You have the right to seek release from detention by paying a bond or requesting a bond hearing in front of the judge.

What to Do If You Are Arrested

If you've been arrested by immigration, you must be sure to do the following:

  • Provide your name to the law enforcement personnel who apprehended you.

  • If you're pulled over while driving, show the officer your driver's license, vehicle registration, and proof of insurance, upon request.

  • If you're a lawful permanent resident, answer questions about your immigration status politely. This is only to establish your identity and permanent residency.

What Happens Next?

An immigrant detained by the police or law enforcement for an alleged crime may be placed on an "immigration detainer" or "immigration hold." This involves a request by ICE for law enforcement to hold the immigrant suspected of violating immigration laws for up to 48 hours, after which the person may be released.

The reason for the immigration hold determines what happens next. Some common reasons for immigration detainer include:

  • A person is suspected of being undocumented

  • A person is suspected to have committed a crime

  • A person has a prior removal order on their immigration record

Suspected Of Being Undocumented

If the person was placed on immigration hold due to an illegal presence, ICE will conduct an investigation into the person's immigration status. He or she may be released if the investigation turns out clean.

Suspected of Committing a Crime

If the person was placed on immigration hold due to criminal allegations and ICE believes that such a crime makes the defendant deportable, he or she may be transferred to federal custody. Removal proceedings may be initiated afterward.

Prior Removal Order

If the person was placed on immigration hold due to a prior removal order, he or she will be transferred to federal custody and possibly removed from the country without having another opportunity for a deportation hearing.

Work with an Experienced Immigration Attorney

Immigration laws in the United States are overly complex and are continually changing. Every slight detail of your incident goes a long way in determining the classification of the reason for your arrest. Therefore, if you or a loved one has been placed in an immigration detainer or released on bond, it is important that you speak with a knowledgeable immigration attorney immediately to protect your rights and explore your options to get relief.

At Gurian Group, P.A., I have devoted my career to providing outstanding legal services and defending clients in immigration arrest and detention cases. As your legal counsel, I will review the details of your unique situation and educate you on all of your legal options. Using my extensive knowledge and experience, I will fight vigorously on your side to dispute the allegations against you and claim any removal relief. Having me on your side can improve your chances of obtaining the best available outcome in your immigration detention case.

Call my firm — Gurian Group, P.A. — today to schedule a one-on-one case assessment with an experienced Florida immigration attorney. I can offer you the detailed legal guidance, strong advocacy, and reliable representation you need. My firm is proud to serve clients in Miami and the surrounding communities throughout Southern Florida. Reach out to me today to get the help you need.