It is bad enough that you received a guilty verdict for a crime that resulted in a prison sentence. But it is worse if you are an immigrant to the United States who has committed this criminal offense. This is because, with this clear violation of state and federal laws, you may jeopardize your ability to remain in the country once released. That is, if you are even granted a release before the U.S. Immigration and Customs Enforcement (ICE) requests an immigration detainer. With all that being said, please continue reading to learn more about an immigration detainer and how an experienced immigration criminal issues lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you fight the one placed against you.
What should I know about an immigration detainer?
Put simply, an immigration detainer is a request from ICE that requests a local, state, or federal law enforcement agency (i.e., a jail, prison, or confinement facility) to do one of two things. One, to notify them as early as possible before they release a U.S. immigrant from their custody. Or two, to hold the immigrant for up to 48 hours beyond the time they would ordinarily be released.
Essentially, these requests are so that the U.S. Department of Homeland Security (DHS) has enough time to plan and take an immigrant into custody itself. The reason why they would want to do this is if they have probable cause to believe that the immigrant is removable from the country. This is usually if the immigrant was found guilty of a certain crime that likely makes them a public safety or national security threat (i.e., burglary, kidnapping, homicide, sexual assault, drug trafficking, etc).
Is local law enforcement required to enforce an immigration detainer?
It is worth reemphasizing that an immigration detainer is an administrative request from ICE, not necessarily a judicial warrant. With that, a local, state, or federal law enforcement agency is not legally obligated to execute this order. Rather, they may use their discretion on whether or not an immigration detainer alone is sufficient grounds for continued detention, and if holding them longer than their imposed sentence ultimately goes against their constitutional rights.
Say you are in a situation where ICE sends for an immigration detainer against you, but your confinement facility proceeds with releasing you. Well, you must not let your guard down just yet. This is because ICE may still take the necessary actions to assume custody over you while you are in the public community. Unfortunately, the tactics they attempt may be more drastic and dangerous than if they were to do so in a secure, controlled, and private environment.
The first step toward preparing yourself for this legal action is to retain the services of a skilled removal & deportation defense lawyer in Milwaukee, WI. Look no further than Sesini Law Group, S.C.