RIGHTS OF IMMIGRANTS IN DETENTION - BAIL AND PAROLE

As you all know, immigrants are under attack from the Trump administration and, as I have said before, you should not panic. For now, they are not detaining everyone, but for those who are at risk, it is important that you know your rights and the considerations you can request.

WHEN ICE COMES TO YOUR HOUSE

First of all, if ICE comes to your house, you have the right not to open the door if the officers do not have a search warrant authorized by a judge, which is different from an arrest warrant in the name of a person.

They should insist on seeing this order, whether it is slipped under the door or through a window. If the order does not specify that they have authorization to enter the address, they should not allow entry.

Often ICE officers try to enter houses by saying they are police officers or that they are looking for someone for another reason, but you should not open the door, although the officers can wait for people outside and detain them in the street.

People also have the right to remain silent and not give information, but if they have a pending case with immigration it is better to state their situation and show their documents. It is important that they speak with their lawyer to find out what their best option is and what documents they can show to the immigration officers, especially people who are in the process of arranging for marriage or people whose cases with immigration have been formally dismissed.

Once again, it is very important that you speak to your immigration lawyer to find out the best defense in your case, although you must understand that immigration officers do not always react in the same way. Sometimes, even if you have a procedure in progress, they can detain you; every case is different.

I also ask people who see ICE agents to call the Rapid Response program, which is a group of people trained to help them by giving them support and also to contact a lawyer. The Rapid Response phone number for the Grand Rapids area is: 616-238-0081.

RIGHT TO APPEAR BEFORE A JUDGE TO APPLY FOR BAIL OR PAROLE IN MOST CASES

In most cases, when a person is detained by ICE, they have the right to request bail to appear before a judge to apply for parole by depositing a certain amount of money while their case is still in process. When a person is detained and sent to a detention center, they should speak to a lawyer to find out if they qualify for a bond hearing before a judge. Most detainees do qualify.

There are certain situations in which they cannot request to be released on bail, such as:

1. People who have been in the United States for less than two years, who may be subject to what is called expedited removal without the right to a hearing or to request bail.

2. People who have been deported before and returned to the United States without permission and ICE is reinstating the deportation order, they are not entitled to bail.

3. People convicted of certain crimes such as firearms-related cases, drug possession (with the exception of marijuana under 30 grams) and, as part of the recently passed Laken Riley law, people who have been accused of shoplifting.

REQUEST A BOND HEARING BEFORE THE JUDGE

The fact that they qualify to request a bond does not mean that it will be granted, especially for people convicted of certain crimes such as driving while intoxicated or cases related to violence, even if they are not a felony, or people who, even if they have been in the United States for two years, do not have many years or a family in the country, even if they can request a bond, it will be difficult for it to be granted or the amount will be very high. The minimum amount is $1,500 and the maximum is up to $100,000 or more.

Bonds must be paid in cash. Here in the Grand Rapids area there is a non-profit group called the Kent Immigration Bond Fund that can help you pay part of the bond depending on the situation. The average bond is between $5,000 and $7,000, but it can be much more. People need to prove that they will attend their court hearings with letters of reference and other documents that prove their good standing in the community. It is important that you have an immigration lawyer to help you apply, the bond hearing happens within the first 10 days after being detained.