Unit 8: Practice and Procedure

1. Unit 8: Practice and Procedure Immigration Detention and Bond

2. Who is at Risk for Immigration Detention & Deportation? Any Non-Citizen: • Out-of-status or undocumented immigrant (e.g. entered without inspection or overstayed visa) • even if pending application to adjustment of status • “work permit” does not confer lawful status • even if no conviction • People on student, business or other visa • Asylee or refugee with conviction • LPR with conviction • Immigrant with old removal order (“Absconder”)

3. How does DHS Identify Immigrants for Detention and Deportation? • Returning to US from trips abroad • Contact with DHS • applying for naturalization • renewing greencard • checking status of an application • Contact with Criminal Justice System (police stop, jail or prison, probation, parole)

4. Immigration Detainer: What is it? • Authorized under 8 CFR 287.7 • Request that criminal justice agency inform DHS of impending release of immigrant, in order for DHS to arrange to assume custody • Agency can maintain custody for a period “not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit assumption of custody by the Department.”

5. How to Avoid Identification As Immigrant Subject to Detainer • Avoid jail time • Avoid final conviction (for certain immigrants) • Avoid disclosure of nationality, immigration status or place of birth, especially during DHS interviews in jail or prison

6. DHS Interviews in Jails & Prisons: Advise Clients of Dos and Don’ts • Don’t say anything. • Don’t sign anything. • Don’t lie. • If you feel that you have to say something, only say, “I want to talk to my lawyer.”

7. What Can I Do if My Client Has an Immigration Detainer? • Posting bond vs. remaining in jail • Violations of 48-hour rule • Transfer into immigration custody • Immigration detention can be anywhere in country • Will immigration produce client for criminal case?

8. Immigration Detention & Bond • DHS can detain immigrants anywhere in country • Some people will be eligible for bond • Bond set by DHS • Bond hearings in immigration court • Some people are subject to mandatory detention under Section 236(c) of INA • TIP: Avoid conviction that will subject client subject to mandatory detention

9. Helpful Documents and Information • The A-number • EOIR Hotline: 800-898-7180 • Resident Alien Card • Rap Sheets and/or Certificates of Disposition • Notice to Appear • Immigration court, BIA and federal court decisions

10. Practical Information to Give Immigrant Clients • Deportability • Post conviction relief • Avoiding trigger sites (travel, DHS, arrest) • Avoiding identification in jail/prison • Detention – bond eligibility, transfers • Removal proceedings – government will not provide attorney • Give key documents to family members • Resources

11. Practical Information to Give Families of Clients Detained by Immigration • How to find a loved one in immigration detention • EOIR Hotline (particularly useful for date and place of next court hearing): 800-898-7180 • Key documents • Resources