Immigration officers have the authority to detain non-citizens in deportation proceedings. Sometimes individuals are released with conditions, such as the payment of bond. Other times, immigration officers refuse bond.
Often releasing a loved one from immigration detention is the most important objective in an immigration case. Our firm offers emergency consultations for individuals detained by immigration officials and their family.
Because there is no immigration detention facility in Idaho, ICE moves quickly to remove Idaho residents to out of state detention facilities. Any effort to seek release before your family member is moved out of state must be taken as soon as possible following arrest.
If possible, bring the following information with you to your consultation to help us locate your loved one:
- Full Name and any Alias
- Date of Birth
- Alien Number (8 or 9 digits, begins with A)
- Date and Location of Arrest
- Immigration and Criminal History (arrests, convictions, deportations, immigration filings)
Some detention facilities are run by the Department of Homeland Security (DHS) and others are run by private contractors such as the private prison company: Correction Corporation of America.
Visitation rules vary by detention center. Visitors should contact the detention center they want to visit to find out about visiting hours and rules. Many centers have dress codes and disallow particular items (cell phones, matches, for example) to be taken into the visitation areas.
The Detention Watch Network is a non-profit group that works in coalition with a variety of groups and agencies working to limit physical detention to cases only where truly necessary and ensuring that those detained are held in humane conditions. The Network maintains a map of detention centers run by both DHS and those run by private contractors. Additional information can be found from the home page at: “Detention Centers: Where are People Detained?” under the “Government Links” tab on the lower right.
If a noncitizen is being held in at the local County Jail on an immigration hold, the immigration police, called the Immigration Custom Enforcement (ICE), will eventually transfer detainees to the nearest immigration detention facility. Since there is no immigration detention facility in Idaho, detainees will be sent to a facility outside of the state. Usually the nonocitizen is sent to one of three possible locations including Tacoma, Washington, Eloy, Arizona, and Aurora, Colorado. However, we have recently seen noncitizens sent to a Texas facility, as well. If the detainees are moved to Arizona, Colorado, or Texas, they will go first to Twin Falls and then be transported by plane to the detention facility. Usually detainees are driven to Tacoma, Washington from Boise.
Chance To Be Released On Bond From Within Idaho
At this point it is helpful to have an immigration attorney to ask ICE that the noncitizen who is eligible to be released on bond, be offered the chance to pay the bond before they are moved to out of state. If successful in the effort, then the noncitizen’s family will need to immediately pay the bond to make sure the noncitizen is released from custody before they are moved out of state.
Not everyone is be eligible for release on bond. Some people are subject to mandatory detention. This means that they will have to stay in immigration custody up until the time their case is resolved.
If Bond Is Not Granted In Idaho, A Judge Can Grant Bond
If bond is not offered to the noncitizen while he or she is still in Idaho or if the noncitizen is not able to pay the bond set before the noncitizen is moved, he or she will be moved out of state.
If bond has been set in the case, and the noncitizen’s family or friend pays it after the noncitizen leaves the state, the noncitizen will be released from the detention facility once the bond is paid. For example, if a noncitizen has a $5,000 bond, but it is not paid it until 1 week after the noncitizen is moved, the noncitizen will be released from out of state. The government will not bring the noncitizen back to Idaho, the nocitizen or his family and friends must pay for the passage back to Idaho.
If the noncitizen is not offered a bond in Idaho, the noncitizen can ask a judge in the detention facility to set a bond. Usually, the court in the detention facility will not have time to see the noncitizen about bond for 2 to 3 weeks from the date they arrive at the facility.
Paying The Immigration Bond
Please note that if the noncitizen is granted bond, the noncitizen’s family or friends must be ready to pay the bond as soon as it is granted. This will prevent the noncitizen from being in custody for longer. This is especially important if the noncitizen is offered bond while he or she is still in Idaho. The amount of the bond depends upon the circumstances of the particular individual, including criminal history and ties to the United States.
Only a legal permanent resident or a U.S. citizen can pay the bond. It can be paid by money order, or cashier’s check at the Boise, Idaho Immigration office or any United States immigration office in the country. The individual paying the bond must be at least 18 years old, have a valid government issued identification with photo, provide their social security number and the physical and mailing address of the non-citizen for whom the bond is posted. It is critical that the correct physical and mailing address be provided. The Boise office takes bonds Monday-Friday from 8:00 a.m. to 3:00 p.m. The process takes about one hour.
If the noncitizen or his friends and family cannot afford the bond, then a bond company could help pay the bond using collateral.
Using a Bond Company
See here for a link to a list of bond companies in the area. If you believe you will need the assistance of a bond company, you are encouraged to contact the bond company as soon as possible. Please direct any questions to you have about the requirements of a bond company directly to the bond company.
After being released, the noncitizen will be able to go home, but the deportation process will go on. A few weeks after first being arrested the noncitizen will receive a letter from the immigration indicating when he or she will have a court hearing. This hearing will be in about four months from the date of the notice and will determine whether the noncitizen can seek any relief from a removal order.