We receive a lot of contacts from foreign nationals that have concerns after being arrested in Texas. The questions usually concern an immigration hold. When and how does an immigration hold occur? Under 8 C.F.R. § 287.6 it states:
(d) Temporary detention at Department request. Upon a determination by the Department to issue a detainer for an alien not otherwise detained by a criminal justice agency, such agency shall maintain custody of the alien for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit assumption of custody by the Department.
This situation occurs when an agency other than the INS places a foreign national in jail. Once the foreign national is able to be released from jail, the agency may on hold foreign national up to 48 hours for the INS to pick them up. Once the time has elapsed, the agency must release the person.
If a person receives an INS hold it does not automatically mean that they will be deported or even held by the INS. ICE will place a Bond amount for the INS detainer. If the amount is too much, your attorney may request a hearing to have the bond amount reduced.
There are times that the person has information that will allow for a release from the INS detainer and resolve the immigration problem. DO NOT agree to a voluntary departure without consulting with an attorney.
Morris law Firm at (214)357-1782, (817)496-3447
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