During my last blog, I wrote about how a New York City resident can be held in the Essex County Jail in Newark , New Jersey even though the person resides in New York City. Perhaps, he has a criminal record or maybe he entered the U.S. illegally or violated his status.
I want to take some time to now discuss what happens and what can be done about it. For example, where and when will he appear before an Immigration Judge? Will the Immigration Court be in New York City? Will that Immigration Court be in Newark, New Jersey? . . . in Elizabeth, New Jersey? In addition, what will determine whether he can be released from Immigration detention? How much bond will be
required? Can the loved one get out at all? Well, if the Department of Homeland Security, the Deportation Officer, or any other branch of the DHS refuse to release him, then the recourse is to request bond by filing the appropriate paperwork. In addition, it is very important to remember that hiring a lawyer immediately has many benefits. Did you know that Immigration could drag their feet and delay the case by not presenting the case in front of an Immigration Judge? Yes . . . this happens quite often. Also, did you know that in some cases Immigration (DHS) can also move your loved one across the country without letting you know about it? All of a sudden, your loved one who lived in New York City and was held by Immigration in New Jersey is transported to Florida or Texas. This happens all too often. What can your lawyer do about it? The first thing you lawyer should do is to stop Immigration from being able to move your loved one elsewhere. But,
you lawyer will need to act fast without any unnecessary delay. Then, the lawyer should try to obtain his release.
Let me tell you something, I have been to the Jail in New Jersey where Immigration detainees are held. Let me assure you, as bad as it may be, it is nowhere near as bad as other places your loved one can end up. Stop Immigration from treating unfair treatment. If you lived in New York City your entire life and have family here, the person should not be moved thousands of miles away and cause unnecessary
separation. But, remember, the law is not entirely unfair. There are provisions in the law that one can utilize to help them attempt to gain release from detention. If you are unfamiliar with them, find an attorney who can help you. You will likely have one chance to do that.
Often times, people tell me that they can’t afford to hire a lawyer. The truth is that a person can’t afford not to hire a lawyer. Undoing something that was done wrong is much more difficult and will surely cost more. Hiring a lawyer may not always achieve the result you are looking for, but at least you will have a fair shot. Never forget, Immigration always has lawyers in Court representing them, so should you.