Skip to main content

Your Bond Means Nothing to Me…

Time after time the phone in my office rings with the same story. “My husband / fiancé/ brother/ friend/ cousin was just arrested…we went down and paid the bond at the jail but we told that we couldn’t get him out because immigration has a hold on him. Is there any way we can get him out…?”

My hear sinks with each phone call and I gear myself up to give them the bad news. “Well the problem is immigration will not consider giving him a bond until all his criminal issues are resolved. Once all his criminal issues are taken care of, meaning his charges are dismissed or he is found guilty and serves his time in jail, immigration then has 48 hours to come pick him up and place him in their custody. Once he is in immigration custody immigration might consider giving him a bond. A lot of it depends on what happens during his criminal case. When immigration is considering giving someone a bond they look at their criminal history, ties to the community, possible relief under immigration law and whether they are a threat to society. If he has any United States citizen or permanent resident family members we should go ahead and file a petition for him, but right now, you really should be concentrating on the criminal aspect of his case. The better his criminal case goes the easier it will be for me to ask for a bond from immigration.” And I try to finish with the good new “But…if immigration does not pick him up within 48 hours after this criminal case is resolved than we can file a writ to get him out of jail. Good luck! And let me know how the criminal side goes!”

But here is my question…why can’t ICE consider giving them a bond while their criminal proceedings are still pending? I’m not talking about if the client is charged with trafficking drugs or murder. But what about if a client is charged with a simple DUI or driving with an expired license and would be eligible for some for of relief under immigration law? If the client is charged with driving without a license, chances are, the most severe thing the client will be convicted of is DRIVING WITOUT A LICENSE! That is not a dangerous crime. The client is not a threat to the community! The client is as eligible for a bond while he is in criminal state custody as he would be in immigration custody. This is particularly true if the person has a legal entry, is married to a United States Citizen and has a bunch of little ones as home.

I can not tell you how it breaks my hear trying to explain to a client why the low bond that the criminal judge sets means nothing for their case. I hate to hear the United States Citizen mom saying “but who will stay with the kids? This has disrupted our whole lives! He is going to lose his job. The economy is awful right now! How will we make it?”

So here is the thing Immigration and Customs Enforcement, why don’t you consider giving a guy who is charged with a small traffic violation and who has relief under immigration law a bond while he is still in state custody? You can use the same discretionary standards that you always use. It is ridiculous to have the client’s life completely disrupted for a simple DUI. The client is now well aware that they need to take care of their immigration status. In fact, the whole family is aware…they is why they are calling my office. Give us a break guys. If the guy could get a bond from the judge to be released into your custody, and he has relief under the law, why not consider giving him a bond as well? This would make all of our lives so much easier. Crazed family members wouldn’t call me and I wouldn’t be forced to call you guys so often. Think about it…You know it makes sense.

I must end because my phone is ringing. Probably a family member of another person who is detained under the 287 (g) program. Now where is that number for Immigration and Customs Enforcement again …?


Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence.

The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their driver's licens…


Todas las personas en los Estados Unidos, incluidos los extranjeros y aun los con ordenes de deportacion, tienen ciertos derechos básicos que deben ser respetados por los agentes de Inmigración y Aduanas (ICE). Estos derechos se derivan tanto de la Constitución de los Estados Unidos. y las leyes de Estados Unidos. Como extranjero, usted tiene los siguientes derechos:

Usted tiene el derecho de negar la entrada a un agente de ICE a su casa sin una orden válida. Esta orden debe ser firmado por un juez. Usted puede negarse a abrir la puerta, o se puede cerrar la puerta después de descubrir que el agente no tiene una orden válida. Los agentes del ICE generalmente no vienen con una orden judicial. Estos agentes suelen venir a la casa de alguien con una orden final de deportación, muy temprano en la mañana. Si alguien está golpeando en su puerta a las 6:00 am, no le es requerido abrir la puerta. Mirar fuera de primera. Si es un agente del gobierno, ust…