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U.S. Blamed for Holding Immigrants Freed on Bail

U.S. Blamed for Holding Immigrants Freed on Bail

In a scenario that is becoming all too familiar across the United States, U.S. government officials allegedly are using the immigration court process to detain immigrants who are accused of crimes, but who already have been granted bail by a criminal court. Essentially, when a criminal court sets bond for an immigrant to be released from federal custody, federal authorities are circumventing the bail process by simply detaining the immigrant on an immigration detainer. This process is allowing the federal government to keep an immigrant detained, even if the person has been granted release from federal custody on bond. The New York Times recently told the story of a man whom federal customs authorities had arrested on drug charges upon his arrival to the country. The judge in his criminal case ordered that the man could be released to his aunt’s house in New Jersey upon the payment of a $30,000 bond. Instead of being released, however, federal immigration officials rearrested the man on an immigration detainer and lodged him an immigrant detention center. This problem involves conflicting provisions of the Bail Reform Act, which allows a defendant to have the right to be released from custody pending trial, and the Immigration and Nationality Act, which allows the federal government to detain and deport individuals with no legal immigration status. While no appellate court has addressed the issue to date, the trial judge in the case recounted above ruled that the federal government must make a choice between prosecuting the immigrant for a federal crime or initiating deportation proceedings against the immigrant. By using its power to hold immigrants in immigration detention when they have the right to be released on bond in their criminal cases jeopardizes their constitutional rights. Regardless of the circumstances your case may involve, the skilled and knowledgeable immigration lawyers of Landerholm Immigration, A.P.C. are here to get immigrants released from detention and defend them against removal from the country. We handle these types of cases on a regular basis and have valuable knowledge about how to best represent your interests, based on your individual circumstances. By contacting our office right away, you will place yourself in the best position possible to have loved ones released from detention and defend again potential removal from home and family.

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