We receive a lot of contacts from foreign nationals that have concerns
after being arrested in Texas. The questions usually concern an immigration
hold. When and how does an immigration hold occur? Federal rules dictate (
8 C.F.R. § 287.6):
Temporary detention at Department request. Upon a determination by the Department to issue a detainer for an alien
not otherwise detained by a criminal justice agency, such agency shall
maintain custody of the alien for a period not to exceed 48 hours, excluding
Saturdays, Sundays, and holidays in order to permit assumption of custody
by the Department.
This situation occurs when an agency other than the INS places a foreign
national in jail. Once the foreign national is able to be released from
jail, the agency may on hold foreign national up to 48 hours for the INS
to pick them up. Once the time has elapsed, the agency must release the person.
If a person receives an INS hold it does not automatically mean that they
will be deported or even held by the INS. ICE will place a Bond amount
for the INS detainer. If the amount is too much, your attorney may request
a hearing to have the bond amount reduced.
There are times that the person has information that will allow for a release
from the INS detainer and resolve the immigration problem. DO NOT agree
to a voluntary departure without consulting with an attorney.
If you have any questions about the criminal implications of your immigration
case, do not hesitate to contact the Law Offices of Tim Powers for aggressive
criminal defense in Denton County, Texas at 940.580.2899.
If you are seeking aggressive criminal representation by an experienced
criminal defense attorney for your criminal case or arrest in Denton County,
contact the offices of Tim Powers today. There is no charge or obligation
for the initial consultation. 940.580.2899.
*Tim Powers is an attorney licensed to practice law by the Supreme Court
of Texas. Nothing in this article is intended to be legal advice. For
legal advice about any specific legal question you should directly consult