Dear Atty. Lou,
My cousin was picked up by the Immigration and Customs Enforcement (ICE) agents at his workplace together with two of his co-employees. He is now incarcerated in one of the county jails and will have a hearing before the immigration court soon. His co-employees were already released on bond. My cousin’s bail is too high that we cannot afford to have him released on bond. We were wondering what his options are to be released from ICE custody. He has been here for a long time and he has a US citizen child. He is separated from his spouse. Please guide us on what to do.
Primo
Dear Primo,
The Immigration and Customs Enforcement through the Detention and Removal Office (DRO) initially determines whether an immigration detainee is subject to be released on bond. ICE gives the detainee the proposed amount of bond and conditions for his release. The amount of the bond will depend on the circumstances of the detainee’s case. The minimum amount to be released is $1,500.
Detainees may be released on bond as long they are (1) not subject to mandatory detention, (2) not arriving aliens and (3) non citizens that are deportable as security threats. The ICE officer must be satisfied that the release of the detainee non citizen will not pose a danger to property or persons and that he or she is likely to appear for any future proceedings.
If the initial bond determination by ICE is too high, the detainee may request a hearing before the immigration judge for a custody and bond redetermination. This bond redetermination hearing is separate and apart from the removal proceeding and will be based on evidence presented by the non citizen to the immigration judge. After the hearing, the judge may decide to lower the amount of bond, maintain the bond or set a higher bond.
As more undocumented foreign nationals are taken into custody, the ICE is also running out of bed spaces in detention centers. Because of tight budget and lack of space, there are also alternatives to detention. ICE utilizes at least two programs, and these are the Electronic Monitoring Program (EMP) and the Intense Supervision Appearance Program (ISAP). The EMP currently utilizes the following technologies for monitoring detainees: (1) telephonic reporting with voice verification; (2) radio frequency with ankle bracelets and (3) global position satellite.
The Intense Supervision Appearance Program or ISAP allows the ICE to release aliens by insuring compliance with conditions of release. Case specialists are hired by ICE to closely supervise participating aliens utilizing different tools. These include electronic monitoring devices, curfews or community collaborations that support the participants.
If your cousin is not a flight risk and will comply with all the conditions for release such as appearances in all hearings, he may want to consider requesting alternatives to detention programs. The decision to grant alternative programs to the detainee is discretionary on the part of ICE.
Atty. Lou
(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law Offices, a Professional Law Corp. Her office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 415.397.0808; email at law@tancinco.com or check their website at tancinco.weareph.com/old. The content provided in this column is solely for informational purpose only and do not create a lawyer-client relationship. It should not be relied upon as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You can submit questions to law@tancinco.com)
