Criminal Defense of Immigrants

A noncitizen can be arrested by the DHS on charges of removability in a number of contexts.  See § 15.11, infra.  The Border Patrol can arrest an immigrant at a point of entry, and place the person in removal proceedings, either in custody or at liberty by service and filing of a Notice to Appear in immigration court.  See § 15.13, infra.  The DHS can arrest an immigrant when s/he appears in the DHS offices for an interview to obtain a benefit.  See § 15.17, infra.   It is very common for the DHS to monitor the populations of state and federal criminal detention facilities, particularly shortly before the release date of an inmate, to screen for removable noncitizens and place immigration holds against them, so they pass directly into immigration custody upon completion of their sentences.  See § § 6.11-6.12, infra.  They may do so even before the person has been convicted in criminal court, if the immigrant is subject to a ground of removal before the current criminal case has resulted in a conviction.  Finally, it is possible for the DHS to go into the field to arrest an immigrant, either one who is coming across the border illegally, or during a workplace raid, or special arrest operation of the DHS.  See § 15.19, infra.