Criminal Defense of Immigrants

Immigration detention is analogous to criminal detention.[146]  The person detained may post cash or bond[147] in the amount set by the agency or the court and obtain release just as with a criminal bond, unless the noncitizen is subject to mandatory detention.  A noncitizen may be able to work with criminal defense and immigration counsel to avoid a conviction that would trigger mandatory detention.  Criminal lawyers should attempt to obtain criminal dispositions that do not trigger mandatory detention, while immigration counsel can argue in immigration court that a given disposition does not do so.

                Whether a noncitizen will be subject to detention and whether s/he may be released on bond or may have the DHS decision to detain reviewed by an Immigration Judge will depend upon the noncitizen’s immigration status and the ground(s) of removal to which s/he may be subject.[148]

[146] ICE’s Detention Operations Manual may be viewed online at http://www.ice.gov/partners/dro/opsmanual/index.htm

[147] Minimum bond is set at $1,500.  INA § 236(a)(2)(A), 8 U.S.C. § 1226(a)(2)(A).

[148] INA § § 235, 236, 236A, 8 U.S.C. § § 1225, 1226, 1226A.