Immigration Detentions & ICE Holds In Texas

Immigration Detentions & ICE Holds

Immigration Detentions & ICE Holds: Understanding & Protecting Your Rights

For many immigrants and their families, the fear of an unexpected detention by Immigration and Customs Enforcement (ICE) is a constant source of stress. What should be a routine day can quickly turn into a life-altering event, leaving individuals detained, separated from their loved ones, and facing the threat of deportation. The numbers reflect a growing crisis: in 2023, ICE made 171,000 administrative arrests, a 20 percent increase from the previous year. Even more alarming, the agency conducted 143,000 removals — nearly double the number from the year before.

These statistics are not just numbers; they represent real people — parents, children, and neighbors — who are caught in the complexities of an immigration system that can feel overwhelming and unforgiving. For those facing ICE holds, the uncertainty and fear of being forcibly removed from their lives in the U.S. is a terrifying reality.

At Nava Law Group, we understand the immense emotional toll that an immigration detention or ICE hold can have on individuals and families. Our experienced legal team is here to provide compassionate, expert representation to ensure that your rights are protected every step of the way. Whether you or a loved one are at risk of detention, we’re ready to fight for your freedom and help you navigate this difficult time with confidence and hope.

How ICE Holds Work

An ICE hold, or immigration detainer, is a tool used by ICE to take custody of individuals who have been arrested by local or state law enforcement. When a person is taken into custody for a criminal offense, ICE may issue a detainer request, asking the local law enforcement agency to hold the individual for up to 48 hours beyond their scheduled release. This extra time allows ICE to determine whether to transfer the person into federal custody for immigration proceedings, potentially leading to deportation.

In practice, ICE holds are triggered when local authorities share information about an individual’s arrest, often through a database shared with federal immigration enforcement agencies. Even if the person is eligible for release on bail or has completed their sentence for the initial offense, the ICE hold can delay their release and result in an immigration detention.

Key aspects of the ICE hold process include:

Issuance of the Detainer: Local law enforcement contacts ICE if they suspect that an individual may not have lawful immigration status. ICE then issues a detainer request if they deem the individual eligible for removal proceedings.
Hold Period: Once the detainer is placed, local authorities are required to hold the individual for up to 48 hours after their scheduled release from custody (excluding weekends and holidays), giving ICE time to take the person into immigration custody.
Transfer to ICE: If ICE takes custody of the individual during the hold period, they will be transferred to a federal detention facility, where they will begin the deportation process. If ICE does not take action within the 48-hour window, the individual must be released by law.

It’s important to note that while ICE holds are commonly used, they are not mandatory. Some local jurisdictions, especially in Texas, cooperate closely with ICE, while others may limit their cooperation due to local laws or policies. For individuals who have been detained, this means that the enforcement of an ICE hold can vary significantly depending on the location of the arrest.

Facing an ICE hold is an incredibly stressful situation, as it can lead to prolonged detention and, ultimately, deportation. At Nava Law Group, we understand the complexities of ICE holds and how to navigate this system. Our legal team works tirelessly to protect the rights of individuals detained under an ICE hold, ensuring that they receive the representation they need to fight for their freedom and remain in the United States.

Your Rights During an Immigration Hold

Being detained under an ICE hold can be an overwhelming and intimidating experience, but it’s important to know that you still have rights throughout the process. Understanding and exercising these rights is crucial in protecting yourself and your loved ones from potential deportation.

Here are the key rights you have during an immigration hold:

The Right to Remain Silent

You are not obligated to answer questions from ICE or law enforcement officers about your immigration status, nationality, or how you entered the U.S. Anything you say can be used against you in immigration proceedings, so it is often in your best interest to remain silent and request legal representation before answering any questions.

The Right to Legal Representation

You have the right to hire an immigration attorney to represent you during your detention and any subsequent legal proceedings. While the government will not provide a lawyer, having legal representation can make a critical difference in your case. A qualified immigration lawyer can help you understand your options, file for bond if applicable, and potentially challenge your detention or removal order.

The Right to a Bond Hearing

In many cases, individuals detained under an ICE hold have the right to request a bond hearing, where a judge will decide if you can be released while your immigration case is pending. If granted, bond allows you to remain free from detention until your final court hearing. The amount of bond is set by the judge and can vary based on the specifics of your case, including your ties to the community and whether you are considered a flight risk.

The Right to Challenge Your Detention

If you believe that your detention is unlawful or that ICE has violated your rights, you may be able to challenge the detention in court. An attorney can help you file the necessary petitions or motions to contest your detention, potentially leading to your release or a delay in removal proceedings.

The Right to Appeal a Removal Order

If an immigration judge orders your deportation, you still have the right to appeal the decision. An appeal can be made to the Board of Immigration Appeals (BIA) within 30 days of the judge’s ruling. During the appeal process, you may be able to remain in the U.S. and avoid immediate deportation.

Knowing your rights is the first step in protecting yourself during an immigration hold. Without proper legal representation, individuals are at greater risk of facing swift removal or missing opportunities for relief. At Nava Law Group, we stand by our clients to ensure that their rights are upheld and that they receive the legal support necessary to fight for their future in the U.S. Our experienced immigration attorneys are here to help you navigate the complexities of ICE holds, bond hearings, and deportation proceedings.

How Nava Law Group Can Help

When facing an immigration detention or ICE hold, navigating the legal system can feel overwhelming and isolating. The stakes are incredibly high — your freedom, your ability to stay in the U.S., and your family’s future are all on the line. At Nava Law Group, we understand the gravity of this situation, and our experienced immigration attorneys are committed to providing the dedicated and compassionate legal representation you deserve.

Here’s how we can help:

Immediate Response and Legal Advice: Time is of the essence when dealing with an ICE hold. Our attorneys act quickly to evaluate your case, provide legal counsel, and help you understand your rights. We will advise you on the best course of action, whether you are facing deportation, seeking a bond hearing, or navigating complex legal processes.
Representation in Bond Hearings: We have extensive experience representing clients in bond hearings, advocating for fair bond amounts, and ensuring that your case is heard by the court.
Deportation Defense: Our team is skilled in building strong defenses against deportation, whether by challenging the charges, pursuing asylum, or exploring other forms of relief such as cancellation of removal or adjustment of status.
Appeals and Legal Advocacy: If you’ve received a removal order, we can assist with filing an appeal to the Board of Immigration Appeals (BIA) and represent you through the appeals process. We will meticulously review your case to identify any errors in the original decision and work to overturn unjust rulings.
Personalized Legal Strategies: No two immigration cases are the same. Whether you are facing an ICE hold, dealing with immigration detainers, or fighting a deportation order, our attorneys will craft a personalized legal strategy based on the specifics of your case. We stay informed about the latest immigration laws and policies to ensure that we are providing the most effective and up-to-date defense.

At Nava Law Group, we believe in fighting for your rights and protecting your future. We know how overwhelming the immigration process can be, especially when detention is involved, and we are here to provide the legal support and advocacy you need. Let us help you through this difficult time — your case matters to us, and we are ready to stand by your side.

Take Action Now – Protect Your Future

If you or a loved one are facing an immigration detention or ICE hold, the time to act is now. The legal process can move quickly, but with the right legal team on your side, you can fight for your rights and your freedom. At Nava Law Group, we are committed to providing the expert legal representation you need to navigate this difficult time.

Don’t wait until it’s too late. Contact Nava Law Group today, and let us help you understand your options, build a strong defense, and work towards the best possible outcome for your case. Your future is worth fighting for, and we are ready to stand by your side.