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fighting detention



Numerous people can get caught up in Immigration and Customs Enforcement’s (“ICE”) web of detention. When ICE takes a person into custody, it can be for a variety of reasons. A person can be detained because they have an order of removal or deportation (whether or not they know if it). Non-citizens can also be detained if they are seeking asylum, have overstayed a visa, or have an application with USCIS denied. What most people don’t realize is that a non-citizen who is legally present in the U.S. on a visa or as a Lawful Permanent Resident (green-card) can also be detained by ICE if they have been convicted, or in some cases, even just accused of a crime, if they traveled overseas for extended periods of time, are suspected of committing some types of immigration fraud, and for numerous other reasons.

ICE currently detains about 200,000 immigrants a year. All indications show that this number will rise – detention of immigrants is a highly profitable industry, and sadly, private prisons are one of the fastest growing businesses.

The detention system can be devastating, traumatizing and confusing. Deportation Officers are often insensitive to needs and treat desperate and frightened family members with callousness. Those seeking information can be met by a wall of silence, unanswered phone-calls and pleas, and acronyms and legalese (“DO,” “ERO,” “Detainer,” “TA,” “Zadydas review,” “DD,” should all sound familiar to anyone who has been through the process).  Even “detainees” who are not being held for criminal violations can be confined in county and local jails and “contract facilities” under jail-like conditions. Further, detainees can be held anywhere in the U.S., regardless of where they are from or where their family resides.

At Bardavid Law, we represent clients who have been detained throughout the U.S. We are experienced in fighting detention, from seeking bond before an Immigration Judge to seeking humanitarian release before ICE. We also bring habeas corpus petitions in federal court, which are lawsuits asking a judge to order a person freed from unlawful detention.

While, unfortunately, some people are subject to mandatory detention, and may have to face prolonged confinement, if there is a legal avenue to release from jail, we will seek it. Contact us today if you or a loved one is being held by ICE.