On behalf of Immigration & Nationality Law Group posted in Immigration Detention on Saturday, September 28, 2019.
If you or a loved one have been detained as an immigrant, it is likely to be an upsetting situation in which you feel powerless to do anything. Immigrants who have not yet proven their right to reside in the US risk being detained by law enforcement so that their immigration status can be reviewed.
A person could be detained by law enforcement officials because their visa has expired, or because they entered the country illegally. Many immigrants are subject to detention when they are arrested for a non-immigration related offense, and found to not be a US citizen. As a result, they are detained due to their questionable immigration status.
Why are immigrants detained?
Immigrants are detained because the government wants time to be able to determine whether the individual should be deported under the law. An individual cannot be detained indefinitely. They have a right to a bond hearing after a certain amount of time, and this offers them the possibility to be released on bond.
What is the removal process?
The process of deporting an immigrant will never be completed in a short amount of time. There needs to be a number of hearings before a removal trial takes place. A person can only be deported if there is clear, convincing and unequivocal evidence that they are removable. A person may be able to gain a right to reside in the United States if they claimed asylum previously, and if there is a genuine threat to their life in their country of origin.
If you are worried about your immigration status and want to prevent detention, you should investigate the possibilities to legally reside in the United States.