Being held in any kind of facility by law enforcement agencies can be an incredibly scary, overwhelming, and traumatic experience for those involved. Immigration detention centers are no different. If you or a loved one are facing or currently in immigration detention, understanding your legal rights and whether or not you can seek release is critical. The following blog explores your rights and why it’s essential to connect with a New York City immigration lawyer for further assistance in these matters.
What Is Immigration Detention?
When someone is awaiting an immigration hearing regarding their status in the country, they may be deemed a flight risk or danger to the community, meaning they will be held in an immigration detention center until they can appear before a judge. Additionally, if they have violated immigration law, they will be held.
Generally, detention facilities are run by Immigration and Customs Enforcement (ICE), which is a subsection of the Department of Homeland Security. Despite the fact that there are regulations surrounding the rights of these individuals, such as allowing those detained the right to religious services, medical care, and counsel, these are not always honored. As such, being held in one of these facilities can often be a traumatic experience for many detainees.
Is It Possible to Be Released?
Though being held in a detention center by ICE may seem like a permanent decision, there are instances in which release may be possible. There are generally three avenues you may pursue to be released from a detention center while awaiting your immigration hearing. These include:
- A bond hearing: This allows the judge to determine whether or not you should be released on bond, which acts as collateral to ensure you return for your hearings. You must demonstrate that you are not a flight risk or danger to the community to receive a bond release.
- Parole: In some instances, you may be able to seek release on parole. This, however, is generally only granted under specific conditions, like humanitarian needs. Additionally, this is granted by the United States Citizenship and Immigration Services (USCIS).
- Asylum: In some instances, you may be able to seek asylum which could allow for your release while awaiting the outcome of your case.
Unfortunately, immigration law can be incredibly complex. As such, it’s imperative to connect with an attorney who can help you or your loved one if you are facing detention in an immigration facility.
At the Law Offices of Jason A. Dennis, our dedicated legal team will do everything possible to help you through these challenging matters. Connect with us today to learn how we can fight for you or your loved one when your immigration status is at risk.
