At times after the arrest of a foreign national, immigration officials may find such immigrants in custody and initiate an immigration hold. This is done by notifying the jail not to release the inmate but hold him or her in federal custody at the end of their jail term. The questions surrounding an immigration hold are: what is an immigration hold, what are the reasons for an immigration hold and what happens next after the immigration hold? This article will address these questions. In respect of the subject on immigration holding, an attorney and spokesperson from the Human Legal Group provided answers and comments.

The attorney stated that, “put simply an immigration hold is a situation where an immigrant is in jail and upon completion of his or her jail term instead of being released he or she is held or detained in federal or state custody and this is often as a result of random immigrant status checks that are carried out in prisons by ICE officers. These checks are conducted during visits and interviews of inmates or as a result of notification by the law enforcement agency detaining the person. The attorney further stated that, “if you or a family member has been or will be placed in immigration hold contact a Columbus immigration attorney office immediately to ensure that you or the person’s rights are protected.

The basic reasons why a person faces an immigration hold is that you are in jail. Therefore, it means that something as simple as forgetting your license at home and driving without a license can land you in jail and may get you deported. Once you are in jail there are three common reasons that an immigration hold is initiated, you either:

Are or are suspected of being undocumented or otherwise illegally present in the U. S.
Committed a crime that makes you deportable from the U. S., whether you have a green card or not. For example, drug possession or addiction
Have a prior or pending order of removal on you immigration record

It is important to note that the reasons for initiating the immigration hold have a direct bearing on what happens thereafter. For example: 

Illegal presence or unlawful entry – if the hold was to investigate your legal status and the investigation comes out clean you will be released. However, if it is found that you are illegal in the U. S. you may be transferred to federal custody and placed in removal proceedings.
Committing a crime - if the hold is for your committing of a crime that makes you deportable, you will be transferred to federal custody and removal proceedings begun.

Prior or pending removal order – if you have a prior or pending removal order you will be transferred to federal custody and you are likely to be removed without a chance of a hearing. This is unless a lawyer intercedes timeously and finds grounds to request a ‘motion to reopen’ your case.

It must be noted that there are a number of crimes that make a green cardholder deportable, therefore, it is extremely important that green cardholders avoid any criminal activity. For more information in respect of crimes that directly initiate deportability seek out a law firm of immigration attorneys.

About the company:

The Herman Legal Group is a law firm of renowned professionals who specialize in immigration law. They have a number of offices in Cleveland, Dearborn-Detroit, Toledo, Columbus, Dayton, Cincinnati, Youngstown and Akron-Canton. For a free consultation contact our offices today. To find immigration lawyer in Columbus Ohio, choose the Herman Legal Group.