Attorney Ahmad Yakzan from the American Dream Law Office. I’m here with you today to talk to you about a very important issue and it’s the issue of an immigration detainer when someone is detained by the police, I get this question a lot.
I actually just spoke to a lady today about her son who was picked up by police after a traffic stop and he ended up in the detention. Her first instinct was actually to go and pay the bond to get him out the criminal bond to get him out. I am here today to tell you not to do that. I’m going to explain in this video a couple of things.
What’s immigration detainer?
Now remember I don’t do criminal law, I do only immigration, but I would explain to you what’s the differences so let’s start I’m at the oxygen from the American dream law office. I only do immigration, but I also advise a lot of criminal attorneys about the immigration consequences of their potential, but their client’s plea and I have a lot experience in criminal immigration a distal as it’s called.
So, what’s a typical situation?
A typical situation someone is driving who’s undocumented for example; had a couple of drinks at the bar and they’re driving home on the way home, he gets stopped by the police for a busted taillight, for example, he’s had too much to drink he goes through field sobriety they arrest him and they sent him to do the detention to the local jail for him to actually be processed or to figure out what they do with him.
Now if they’re not a U.S citizen. what’s going to happen is that they’re going to ask him about his immigration status when he gets arrested and if he’s not a US citizen. He’s going to be put in and an immigration detainer is going to be actually placed on him. What does the immigration detainer mean? That means that immigration will have 3 days for them to figure out what they want to do with him. Now sometimes on a DUI for a green card holder, they might not really care but in this time of the trump administrative one’s got. What’s going to happen more likely is that he ends up in removal proceedings down the road and he asked for a DUI you’re going to end up removal proceed… yes because then the trump administrative actually changed the enforcement priorities and if you’re only accused of a crime. The trump administrative is actually put you in removal proceeding now. So, what I would do if I were you, your first instinct asks a relative or a husband or a wife or a parent is to go actually pay that criminal bond for him to be out of the criminal detention. I would not do that without actually speaking to an attorney. Because here’s what happens going to be happen when you pay that bond or that local bond to a local bondman so what’s going to happen that system going to show his local charges which is DUI is taken care of so they don’t have to actually going to..they don’t have to do anything about it of criminal charges anymore because you have a bond you still have to go to a appear in front of a judge but you don’t have anything pending and you can go out on the bond if you’re a US citizen that’s what’s going to happen but if you’re not what’s going to you know immigration to get a crack at if they really want to keep you or not so once you post that local bond you’re the system is going to show that you’re that he’s going to be released your relative is going to be released and immigration is going to get 3 days to determine what they want to do now nine times out of ten they might end up removal proceedings. They might not be released so what I’m saying is if you have someone who’s an immigrant and your family or who is an immigrate with no immigration status and they arrested please please please please speak to an immigration attorney before you go on and post up on I know it’s human nature I promise to go and post up bond because you want your loved ones actually be out of jail but please speak to an immigration attorney before you do it you can always call us at 1-888-963-7326.
I understand it might be the middle of the night and your relative just arrested. We going to be there for you. Call us 24/7 schedule consultation more likely I will able to see you the same day but later out and again I’ll see you in the next video.