How Can I Help a Loved One in an Immigration Detention Center?
Key Takeaways
- You can search for an immigrant detainee online, but will need certain information to find them.
- You can serve as an “obligor” to a detainee by paying their bond.
- As an obligor, you are responsible for making sure your loved one makes all of their check-in appointments with ICE.
Immigration court proceedings don’t always take place right away. When someone is found in the country illegally, they may be placed in the custody of U.S. Immigration And Customs Enforcement (ICE) agents.
There are two strategies to remove a person who is in the country illegally from a detention center:
- Probation or parole: This occurs if they just arrived in the country and went through customs control.
- Bond: This occurs if they evaded customs control when entering the country, overstayed their visa, or failed to renew their green card.
You have options to find and help a loved one or family member being detained in an immigration detention center. Different rules may apply if they are a minor, a child without their parents, or other circumstances. Immigration law and the immigration judge determine how different situations are handled. For help, contact an experienced immigration lawyer near you.
Finding an Immigrant Detainee Who Has Been Arrested
If your loved one was arrested and detained by ICE, you can enter their information on ICE’s website to find out where they are.
It helps if the detained person has an Alien Number (A#), which is found on a work permits or green card. If you do not have it, you will need the detainee’s:
- Birthdate
- Country of birth
- First and last name
Also, you can find contact information on ICE’s website for field offices across the U.S.
Helping a Detainee Gain Their Release From Detention
An “obligor” is someone who posts a bond to gain someone’s release and ensures that the immigrant they are helping meets their bond conditions. An obligor can be a U.S. citizen, green card holder, non-profit organization, law firm, or a noncitizen. Anyone acting as an obligor will have to meet paperwork and ID requirements.
As an obligor, you can write a letter of support for someone detained by ICE, detailing how you know the person and why they deserve to be released and remain in the U.S.
You must write the letter in English (it may be translated, but the translator must fill out a translation certificate).
As an obligor, mention how you can provide secure transportation for future appointments and hearings related to the immigration case and all the positive characteristics of the detainee. In addition, it should include the following:
- Identity document that shows your legal status in the country (passport, birth certificate, or green card)
- Additional details regarding the community support available to ensure that they will attend all future ICE check-in appointments, as well as future court hearings
- Proof of your address (rent receipt, lease, or mortgage)
- Proof of your income (copy of tax returns, payments, and bank deposits)
Suppose I Can Help Pay the Bail, Will I Be Able To Get My Money Back?
Yes, as long as the loved one you are paying the bond for appears in court when they should. You can get the money back whether they are deported or receive permanent residence in the U.S.
If you only paid part of the bond and hired an agent to pay most of the amount, you should know how much the agent’s commission is. That money will not be refunded to you. You will need to attend a bond hearing and understand the terms of the bond.
Are There Permanent Solutions Available?
There are different options to achieve permanent resident status. An immigration attorney can review your loved one’s situation and discuss your options.
- Asylum: This applies if the person was persecuted, tortured, or has a well-founded fear that this will happen if they return to their home country. The persecution must have been based on belonging to a particular social group, political opinion, race, religion, or nationality.
- Withholding of deportation: If the same conditions are met as those mentioned in the asylum case and future harm is more likely than not, they may be able to avoid deportation.
- Convention Against Torture (CAT): This is available if the person suffered severe harm from government agents or the government was aware of the torture and was complicit.
- Cancellation of removal: It takes 10 years of living in the United States, and your loved one will need to prove that removal from the U.S. will cause extreme and exceptional harm to an immediate family member, citizen, or legal permanent resident.
- U Visa: This is a non-immigrant visa for victims and immediate family members of certain crimes cooperating with investigations.
- T Visa: This visa allows certain human trafficking victims and immediate family members to stay and work in the U.S. temporarily, typically if they testify against perpetrators.
- Violence Against Women Act (VAWA): For people with three years of continuous presence in the U.S. who suffered from domestic violence by a U.S. citizen or green card holder.
Have Immigration Questions?
U.S. immigration law is complex. Experienced immigration law attorneys in our directory can guide you through the system and protect your rights.
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