Godoy Olivieri, Ltd.-An immigration law firm
An Immigration law FIRM
En Español
312-445-0591 800-264-2752

"I am a repeat client of Godoy Olivieri, Ltd. I will definitely continue to use Godoy Olivieri, Ltd. in the future. Every Time I have a legal need Godoy Olivieri, Ltd. has been there to help guide me through. I would recommend them to all my friends and family."

P.P.B
Former Client

Feds unlawfully use immigration detainment in criminal cases

When federal officials suspect someone of a crime they can hold them temporarily for questioning. However, federal rules allow Immigration and Customs Enforcement to issue "immigration holds" when someone without documentation is suspected of a crime. This allows police to hold Chicago residents for as many as five days without an arrest being made or charges being filed.

One man in another state recently filed a lawsuit against ICE for abusing the immigration detainer. According to the man, police held him for an extended period using an ICE-approved hold because police apparently thought he was a Mexican citizen. As it turns out, he is a U.S. citizen, which is something police should have known.

Unfortunately, this problem appears to be widespread. In 2011, over 1 million holds were issued. Among those, thousands were used against permanent residents without a criminal record and over 800 were issued for U.S. citizens. It appears as though federal officials have a "pattern of not requiring its agents to establish probable cause before issuing immigration holds." This, of course, can create serious legal complications.

The recent lawsuit and related case shows just how unfair the immigration system can seem. Placing an immigration hold is viewed as the beginning deportation proceedings. As such, the federal government is effectively beginning the process of deporting people who actually can't be deported. At the same time, undocumented immigrants are also facing the possibility of being deported when officials don't have proper cause.

Individuals caught up in this unfortunate circumstance should understand that they can retain the services of an experienced attorney. This way, they can ensure their rights are protected in order to defend against potential deportation.

Source: Courthouse News Service, "'Immigration Holds' Used on U.S. Citizens," Matt Reynolds, June 21, 2013

No Comments

Leave a comment
Comment Information
Godoy Olivieri, Ltd.-An immigration law firm

2021 Midwest Road
Suite 200
Oak Brook, IL 60523
312-445-0591 local
800-264-2752 toll free
630-705-5258 fax
Map & Directions

1655 S. Blue Island Ave.
Suite 300
Chicago, IL. 60608
312-445-0591 local
800-264-2752 toll free
630-705-5258 fax
Map & Directions