ICE Detainer Lawyer Serving Dallas, TX
Puente Law Firm, PLLC provides legal representation for clients facing deportation due to ICE detainers or holds in Dallas, and throughout the state of Texas.. Attorney Eric Puente and his team of legal professionals have the experience and knowledge to provide guidance on the potential repercussions and the best course of action in your unique case. An ICE detainer is a legal instrument with its own regulations. Understanding the process will ensure the best outcome for your case. If you have been issued an ICE detainer, contact us immediately.
What Is an ICE Detainer or Hold?
An ICE hold is a request made by Immigration and Customs Enforcement to a state or local law enforcement agency requesting to detain a person for an additional 48 hours. In Texas, these requests from ICE are normally honored. Under the latest ICE Policy, ICE only needs to attach Form I-200 or Form I-205 to its detainer request (ICE Form I-247A). These forms are signed by ICE agents without any judicial review, like what would take place with a standard warrant. An ICE Detainer is not a warrant and does not satisfy any statutory exception that would allow a county to deny bail. The county would have to show probable cause to believe that a different criminal offense has been or is being committed or other authority that satisfies Article I, Section 9 of the Texas Constitution.
Consult an Attorney Before Posting a Bond
If you post the bond at the county jail or through a Bail Bond Company, and the person is subject to an ICE detainer, most likely ICE will detain the person within 48 hours and transfer them to the Local Field Office. In some cases, it may be better not to post a bond. Instead, remaining in custody and resolving the criminal charges before being transferred to ICE custody is a better option. Our team may be able to get the criminal charges dismissed, obtain an acquittal at trial, or resolve the case with a plea bargain that does not have immigration implications. Each case is unique. When you choose us to represent you in court, we’ll work to understand the complexities to deliver the best outcome. If you post bond and fall into one of these categories, more than likely, you will have difficulty securing release from ICE:
- Convicted of an Aggravated Felony
- Considered a National Security Threat
- A Threat to Public Safety
- A Threat to border security
- Considered Persons Subject to “Mandatory Detention”
- Have Been Removed or Ordered Removed in Absentia
State authorities are prohibited from detaining individuals for ICE beyond 48 hours (not counting Saturdays, Sundays, and legal holidays) past their initial release time. The decision to post bond should undergo intense scrutiny from an experienced and knowledgeable attorney to determine your case’s right course of action. Detainers should consider posting a criminal bond when they are likely to secure release from ICE. Generally, persons who will likely be eligible for a bond at ICE are persons who have NEVER:
- been removed or ordered removed in absentia.
- been convicted of an aggravated felony.
- been convicted of an offense that would make them subject to mandatory detention.
An ICE detainer or hold is not an arrest. It is a tool used by U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) in the enforcement of immigration laws. An individual normally has an ICE hold because immigration authorities suspect the person is removable from the country. However, it does not mean the individual is automatically deportable. Seeking reliable and experienced legal counsel can significantly improve your chances of avoiding deportation by providing representation.
No. ICE detainers do not apply to U.S. citizens. If you’re a U.S. Citizen and are the subject of an ICE detainer or hold, your detention is illegal. At Puente Law Firm, PLLC, we have represented numerous clients who have been illegally detained due to ICE detainers. Our firm will file a writ of habeas corpus challenging the government’s detainer. We have an exceptional track record of success, and Mr. Puente has won each hearing where he has sought relief.
Once the 48-hour hold has elapsed, some will be released from county custody, and others will be transferred to ICE Custody. In North Texas, an individual will be relocated to a local field office for processing. Once processed, the individual may be offered an ICE bond, and the bond can be made at the field office. However, sometimes individuals may be transferred to other area detention centers such as:
- Rolling Plains Detention Center
- Johnson County Detention Center
- Prairieland Detention Center
- Bluebonnet Detention Center
Experienced ICE Detainer Lawyer in Dallas, TX
Our skilled and experienced ICE detainer attorney can provide invaluable assistance in navigating this complex and emotionally challenging legal process. We offer compassionate representation and can explain the process to you, so you know exactly what to expect. Our team will represent you in court to help provide you with relief from removal from the country. Retaining an attorney can make the difference between remaining in the U.S. and being deported. Contact our attorneys immediately so we can get started on your case.