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Immigrants can challenge detention

| Jun 24, 2021 | Uncategorized

Every year, hundreds of thousands of immigrants are detained by law enforcement in Kentucky and throughout the United States. Even if they are not American citizens, immigrants have legal rights. One of them is to challenge a detention order. To do so, they will need an attorney to mount an effective legal case.

Not all immigrants must be detained

Those who have been detained in immigration custody may be released if they are deemed not to be a flight risk and are not a danger to the community. However, the authorities typically do everything they can to keep immigrants in custody. Those released must post an immigration bond.

Those who are subject to removal orders and deportation are not allowed to post a bond. They must remain in custody until they are removed. In addition, those who face charges for certain crimes, including aggravated felonies and crimes of moral turpitude, are not allowed to be released.

Immigrants can have a hearing for release

The first step in contesting detention is to ask for release. DHS will either refuse the request or set conditions for release. If these conditions are unreasonable, it is essentially the same as denying the request. This is why detained immigrants need an attorney to advocate for them. The court will give detained immigrants a hearing to contest their detention and fight for their release. DHS could expand the groups of people who are subject to mandatory detention by giving an overly broad reading to the category of crimes of moral turpitude.

If your loved one is in immigration detention, they need legal help immediately to fight for them against a powerful system that is stacked against them. An immigration attorney may review the case and assess if there are grounds to petition for their release from detention.