ICE Custody Release

Immigration Enforcement and Your Right to a Defense

Individuals residing in the United States under special circumstances are governed by a strict set of standards. Because they are not citizens or permanent residents, immigrants with temporary or undocumented residency in the country cannot be detained and prosecuted for criminal activity in the same way as others. If someone under these circumstances is arrested for suspected criminal activity, they may be released into the custody of the Immigration & Customs Enforcements, which acts as the criminal enforcer for temporary and undocumented immigrants.

Unlike the domestic justice system, ICE detention does not operate on the same standards and rights as U.S. law enforcement. While domestic law enforcement usually considers the option for release on bail, the ICE's standards for bond qualification are far more stringent.

To be held in custody without bail, a suspect must fall under one the following categories:

  • A crime involving moral turpitude who's sentence is more than one year in prison
  • Multiple convictions where the sum total of sentences is more than five years in prison
  • A controlled substance offense
  • A prostitution or solicitation related offense
  • Terrorist activity
  • Significant human trafficking
  • Money laundering

Detention is also mandatory without bail for individuals facing deportation based on a criminal conviction.

What do I do if I'm wrongfully detained?

If you believe that your mandatory detention with the ICE is not correct, you can request a hearing, known as a "Joseph Hearing" to present your argument and ask the judge to provide you with the option for bail. If you set out on such a task, it is important to have the assistance of an attorney who can represent your case and defend your rights.

Call our Malden immigration attorney for a case evaluation!

Malden immigration lawyer Jamie Gorton has practice in the fields of both immigration law and criminal defense. This provides him with a combined insight to offer clients facing criminal detention with the ICE. If you are looking to challenge your mandatory detention and obtain ICE custody release, contact our firm today to find out how we may be able to help.