Immigration Detention in the U.S.

Updated on Tuesday 11th October 2016

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The immigration detention in the U.S. is the procedure of holding in detention persons who are suspects of visa violations, unlawful entry or unauthorized arrival, and those who can be deported and removed, until a decision is taken by the immigration bodies to issue a visa and release them into the society, or to send them back to their countries of origin. In the present, the U.S. preserves the greatest immigration detention system in the entire world, with around 380,000 to 442,000 individuals detained each year. An immigration lawyer in Miami can provide more details on how the immigration detention system in the country is organized. 
 

Main legislation for detaining immigrants in the U.S.


The legislation which regulated the immigration detention system in the U.S. is provided by a number of different acts that are reinforced in Section 8 of the U.S. Code. Furthermore, there are numerous memorandums, guidance documentations and policy statements delivered by the U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) in relation to the detention of immigrants in the U.S.

The Immigration and Nationality Act (INA) of 1952 conjured into one ample statute the numerous laws which previously legislated the immigration and naturalization in the country. Therefore, the Act states the circumstances under which foreign citizens can enter the U.S. by delivering a list of grounds of deportability and of inadmissibility. A Miami immigration lawyer can offer more details on this matter. 

In the 1990s, there have been a lot of changes to the U.S. immigration legislation which embodied a trend of restricting the rights of foreign citizens. These changes are represented by the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).
 

Why are some immigrants detained in the U.S.?
 

The reasons why immigrants are detained in the U.S. can vary, however the most common ones are:

•    the individual committed one or several crimes;
•    at the entry in the country without having a visa before applying to asylum or refugee status;
•    pending the person’s deportation when they cannot stay in the U.S. longer;
•    other reasons. An immigration attorney in Miami can provide further information on what these reasons consist of.

 

Why do I need an immigration lawyer in Miami?


If you or someone you love is held in immigration detention in the U.S., it is important to contact an immigration lawyer in Miami as soon as possible in order to release you or the detained person from the detention facility. This is quite a complex matter, as it can be more time consuming and more difficult than releasing an individual from a state jail after being arrested on criminal charges. Hiring an immigration lawyer is also necessary in case the ICE office refuses to speak to the detained person, being able to help you in identifying the deportation officer and keeping the lines of communication open. In case the detainee needs medical assistance, the immigration attorney in Miami is able to make sure that he or she receives the necessary medical care, too.
 

If you are faced with a situation where you or a loved one could be held in immigration detention in the U.S., our immigration attorneys in Miami are ready to help – please contact us for legal assistance.

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