An ICE detention can happen suddenly — at home, at work, during a traffic stop, or following a criminal arrest. Understanding what happens next and what rights you have is essential.
You Have Rights Regardless of Immigration Status
The U.S. Constitution protects everyone on American soil, regardless of citizenship or immigration status. You have the right to remain silent. You have the right to speak with an attorney. You do not have to answer questions about your immigration status, where you were born, or how you entered the country.
What to Do If ICE Comes to Your Door
You are not required to open the door unless ICE has a judicial warrant signed by a judge (not an administrative ICE warrant). Ask to see the warrant through the door or a window. An administrative warrant (Form I-200 or I-205) does not give ICE the right to enter your home without your consent. A judicial warrant signed by a judge does.
Do not lie to ICE officers — that creates separate legal problems. But you may remain silent and ask for an attorney.
After Detention
ICE will conduct a custody determination and set a bond, deny bond, or release you on an order of supervision. In many cases you may ask an immigration judge for a bond hearing — but not all. Under INA § 236(c), 8 U.S.C. § 1226(c), detention is mandatory and bond unavailable for people held on certain criminal grounds, including aggravated felonies, two crimes involving moral turpitude, and most controlled-substance offenses. Someone in that position can contest whether the classification actually applies, at what is called a Joseph hearing, but cannot ask to be released on bond while the case proceeds. You also have the right to a removal hearing where the government must prove you are removable.
Immigration detention in Wisconsin may mean transfer to a detention facility in another state. Contact family members and an attorney as quickly as possible.
The Role of Prior Criminal Convictions
Many ICE detentions are triggered by criminal convictions. Certain convictions — including aggravated felonies and crimes involving moral turpitude — can make a person deportable and ineligible for most forms of relief. This is why anyone who is not a U.S. citizen should have an attorney review potential immigration consequences before accepting any criminal plea.
Attorney Christopher Carson handles both criminal defense and immigration matters in the Milwaukee area. Call (262) 860-8932 immediately if you or a family member has been detained.
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About the author. Christopher S. Carson, J.D., M.A., has practised law in Milwaukee for 34 years. He holds an M.A. in International Security Studies from Georgetown University, where he was the Bradley Fellow, was formerly with the American Enterprise Institute, and is a contributing editor at the New English Review. Read the full biography.
More on this: Criminal defense practice at Carson Law Office · Schedule a free consultation · (262) 860-8932
Related reading: How to Apply for a U Visa If You Are a Crime Victim in Wisconsin · The Immigration Consequences of a Criminal Conviction in Wisconsin · Immigration Consequences of a Wisconsin Criminal Conviction
This article is general information about Wisconsin law, not legal advice about your situation, and reading it does not create an attorney-client relationship.