How do I know if I have an immigration hold?
You often hear that someone has an immigration hold, but you don’t know what it means. A hold is a legal or illegal hold by the U.S. government to determine whether the person has the right to enter the U.S., and how to remain in this country. These detainers are placed regardless of your immigration status, whether you are undocumented or not, having a temporary or permanent residence permit; regardless of the color of your skin. In this section we will answer the question: How do I know if I have an immigration hold?
It is of vital importance to have the proper knowledge about the information related to immigration status in the United States such as immigration withholding.
What is an immigration hold?
First, to answer the question: How do I know if I have an immigration hold? First you need to know what an immigration detainer is. This term refers to the deprivation of liberty of all those migrants for reasons related to migration and is reflected especially in two types of situations:
- The first situation is on their arrival, with the objective of verifying their identity and nationality. Also, they are awaiting their immigration or asylum application process.
- The second case is at the moment of his return, with the purpose of his expulsion, that is to say, when the immigrant is in an irregular way inside the country.
On the other hand, immigration detention normally takes the form of administrative detention, being a measure dictated by the judicial and administrative authorities of a State.
When there are illegal entries into a country, it is necessary to separate irregular migrants from common criminals. For this reason, there are nowadays facilities for these situations such as holding, return, immigration or processing centers.
What happens when someone has an immigration detainer?
It is indicated to comment that people arrested or detained by immigration have several rights, however, those rights diminish in case of being arrested at the airport or border.
The moment you are detained by immigration you will be taken to the Immigration and Customs Enforcement (ICE) Detention and Removal Office, where you will be held in a holding cell or temporary holding station for fingerprinting and interviewing.
Subsequently, a deportation agent will be assigned to you, it is essential that you write down your name and telephone number. The agent must give you a document called a Notice to Appear (NTA), which will have all the immigration charges against you.
The document serves to understand your case, if you are still not given your document within the first 72 hours of arrest, you must ask for it as part of your rights. Likewise, upon completion of these steps you will be taken to a local jail, detention center or military base while your case is pending.
You should always carry copies of your legal documents with you. If you are in a jail and the facility has kept the documents, you should ask for them as soon as you know you will be transferred.
Your attorney can apply for immigration form G-28 with the Department of Homeland Security if you will be taken to detention away from your home. It is recommended that you have your immigrant registration number with you, which is on your permanent resident card or immigration document. You have the right to make a call after your detention. Memorize several numbers of both family members and people who can help you in your situation (lawyers or union members).
Ways to find out if I have an immigration detainer
There are currently two main ways to find out if there is a deportation order against you.
Checking your immigration record
By contacting U.S. Citizenship and Immigration Services (USCIS), an immigration court, Border Patrol (CBP) or ICE you can find out your immigration status information.
Calling the Executive Office for Immigration Review (EOIR) of the Department of Justice
You can contact them toll free at 1-800-898-7180 to receive the appropriate information at any time of the day.
As is evident that immigration detainers are quite common. At any time you could be caught by immigration either erroneously or validly and it is imperative to be prepared for this type of situation,
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