What Happens After ICE Arrest
Deportation attorney Alena Shautsova
Recent news brings worry and anxiety to Immigrants: ICE arrests non-citizens in courts, at work, in their homes. But what actually happens after an individual is taken into ICE custody? The answer to this question depends on individuals’ Immigration history and the exact reason for the arrests.
Individuals with Prior Orders of Deportation/Removal
If ICE picks up a person who has a prior order of removal/deportation, ICE may either reinstate the order of removal and try to physically remove the person from the US; or, if a person has any possibility of relief from the physical deportation, ICe may issue an order of supervision. A person would have to file an application for administrative stay of removal and ICE would release such a person on an order of supervision. If the application for stay is granted, a person will be allowed to remain in the US, wait for the resolution of his/her applications here, and legally work in the US.
Individuals Charged With Aggravated Felony
If ICE arrests someone who does not have an order of removal/deportation but is deportable due criminal conudct, and especially due to an agrevated felony, ICE may choose to remove such a person using an expedited procedure tool, and will serve on an individual a “Notice of Intent to Issue Final Administrative Removal”. If an individual does not successfully contest such a notice, he/she may be removed out of the US without seeing a judge.
In the majority of other cases, ICE will have to place a person in INA 240 removal proceedings where an individual will have a right to present a defense to removal in court before an Immigration Judge. A person is likely to be detained for a month or so until the bond hearing takes place, and then a person will be released (once the bond is paid.) Some immigrants, are not eligible for the bond (but even this law provision has been challenged in courts.)
In many cases, I would say in the majority of cases, long-time US residents may have defenses to deportation/removal. Depending on their exact situation, they may qualify for adjustment of status (with a waiver, for example); cancellation of removal; SIJS benefits (for children); or else.
If you need a consultation regarding possible defenses, please call us at 917 885 2261.