Getting an Immigration Detainer as a Result of Arrest in New York City or New Jersey

When an individual that is not a U.S. Citizen is arrested either in New York City or New Jersey for certain criminal accusations, it is not uncommon for Immigration Officials to issue an Immigration Detainer. If this happens, the individual or his friends or family members should immediately spring to action.

In the past, our office has dealt with these detainers in various ways. One way would be to contact Immigration and see if they would lift the detainer under the facts of the individual’s case. Perhaps the criminal charges should not warrant a detainer and discretion could be used by Immigration to decline on Immigration action. Another possibility is that an appropriate agreement could be reached with Immigration and Customs Enforcement (ICE) to allow the person released on his or her recognizance or low immigration bond for future appearance in Immigration Court after issuance of a Notice to Appear. Less favorable but sometimes inevitable, would be to make an application or motion for reconsideration of the person’s release on bond before an Immigration Judge either in New York City usually to be scheduled at 201 Varick Street, New York, NY or at 970 Broad Street in Newark, New Jersey. Despite what method is available, one thing that is sure is that quick action can make a tremendous difference.

Keep in mind, unlike criminal proceedings in criminal court, individuals in removal or deportation proceedings do not have a right to be represented free of charge. So, make a sound investment in hiring an immigration lawyer with experience in these issues. Otherwise, it may result in some irreparable damage.