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How to Locate/Help Immigrants Who Are Arrested/Detained
Released 14 December 2006  By Vicenta Montoya (Immigration Lawyer, NISN Legislative Working Group)

How to Locate/Help Immigrants Who Are Arrested/Detained

1.ID the person you wish to locate:
Name
Date of Birth
Place of birth
Location of arrest

2. Determine Custody
a.Contact local ICE office
b.Contact Federal Marshalls

3.Federal Custody indicates that the person is being charged with a crime and eventually will be brought to Federal Court and can seek assistance through the Federal Public Defender. A bond will generally be assessed. Posting of the bond is possible however, because there will be an Immigration hold the person will not be released or you will have to post two bonds (one for the criminal matter and one for the immigration charge.) or the individuals may not be bondable for immigration depending on the immigration charge..

4.If family members are unable to have contact with family members or if individuals are being denied access to attorneys complaints should be made directly to the Consulate of the individuals in order to have access by family members and legal representatives.

5. If contact is made and the person is id'd as being in custody try and determine if criminal charges are being filed and if so what are the charges and what is the amount of bail.

6.If the individual is in ICE custody request the A# and ask if any bond has been set.

If a list of names are provided I can attempt to make contact. I would ask that the names be sent directly to Siuhin with the information I have requested in #1. When providing the name provide the complete name i.e. both last names.

If the person is in ICE custody eventually the person will be brought to the immigration court. The 800 number can provide information regarding court dates. 1-800-698-7180. Just follow the prompts. If no bond has been set a bond can be requested through the court. If you get an A# and call the 800 number and there is no info it is because ICE has not passed the case on to the court. I imagine that they will be dragging their feet on processing. This is to their benefit because they will be able to conduct more and longer investigations without any interference of attorneys.

Vicenta Montoya


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