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DAP Forums > DREAM Act > The Lounge

AMA (ask me anything) Thread. Undocumented>Arrest by ICE>Detention>Bond & Supervision

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#1
02-27-2017, 10:57 PM
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Joined in Sep 2014
322 posts
biscuitneck
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Good evening everyone,

I wanted to post a new thread regarding my personal story in order to assist or help answer any questions for mostly those who do not have DACA, or for parents of DACA recipients who may fall into the hands of ICE.

The purpose of this thread is to help people navigate the complicated process once you are revealed to federal immigration authorities.

For those that don't already know, i was not able to benefit from DACA back when it was announced in 2012.

Back in December i was arrested under an investigative hold by police, for a case that is still ongoing and will not be discussed openly on this forum, but my arrest led to a detainer being placed on me by ICE when i was still behind bars; and upon being released on bond from jail, i was immediately picked up by federal immigration authorities and put in detention.

Once in detention, i was granted a bond hearing and was released on bond. I am now in the Intensive Supervision Appearance Program (ISAP) awaiting the disposition of my other case before i can fight my immigration one in courts.

Feel free to ask me any questions regarding how the entire process works and/or unfolds, and i'll be happy to help any of you who may (hopefully not) fall into the hands of ICE in the near future.
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#2
02-27-2017, 11:13 PM
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danieltij
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Can you tell us what you were charged with?
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#3
02-27-2017, 11:14 PM
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highhysteric
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Did the police ask you for your legal status? How does ICE know to put a detainer on you?
Last edited by highhysteric; 02-27-2017 at 11:24 PM..
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#4
02-27-2017, 11:16 PM
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From San Francisco, CA
Joined in Dec 2008
397 posts
jamesp
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How did the bond procedure work? Did you have to come up with a large sum of money ?
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#5
02-27-2017, 11:21 PM
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biscuitneck
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Quote:
Originally Posted by danieltij View Post
Can you tell us what you were charged with?
No. All i can tell you is that i'm obviously fighting that case in court, and immigration won't move forward with deportation proceedings until there is a disposition on that other case.
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#6
02-27-2017, 11:33 PM
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biscuitneck
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Quote:
Originally Posted by highhysteric View Post
Did the policy ask you for your legal status? How does ICE know to put a detainer on you?
When you're being processed by police, they ask you several questions and run your fingerprints. As i understand it, they cross check those fingerprints with several agencies, including FBI databases, etc. That's standard procedure for anyone who is arrested, especially those who have never been arrested before like me.

If they suspect you're in the country illegally, then i believe they refer you to federal immigration authorities. After that, an assigned ICE agent comes to the jail to question you while you're still in custody. I'm sure you are probably not required to give a statement, but at this point it's in your best interest to just be honest with them. Once the ICE agent determines that you do not have lawful status, he will then advise you that this information will be forwarded to his superiors and a warrant will likely be issued for your arrest.

They advise you to not be blindsided if ICE comes after you, but they do not tell you when they plan to arrest you. All they tell you is that they are probably going to.

It is now standard practice for ICE agents to be waiting for you outside of jail as soon as you're released, Also it does not matter what you're charged with or if you've been convicted or not. I'm assuming these new enforcement rules are consistent with the new Trump administration.
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#7
02-27-2017, 11:35 PM
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Elmexicano
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Quote:
Originally Posted by highhysteric View Post
Did the police ask you for your legal status? How does ICE know to put a detainer on you?
very good question
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#8
02-27-2017, 11:47 PM
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From the south
Joined in Aug 2014
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CMChump
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I know you can't say much, but is there a chance you can get out of this charge with a clean record and qualify for DACA?
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#9
02-27-2017, 11:48 PM
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biscuitneck
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Quote:
Originally Posted by jamesp View Post
How did the bond procedure work? Did you have to come up with a large sum of money ?
From what i understand, bond procedures and hearings are now different under the Trump administration. Less bond hearings are being granted, and now even those who do get bond hearings are getting their bail denied a lot more than how it was before Trump came on board.

I was granted a bond hearing after being in detention for approximately 16 days. That's standard due fact that there are a lot of people in the system.

Pro bono lawyers are made available to detainees, but resources are extremely limited and the whole process is very flawed. If you plan on getting out of detention within a reasonable amount of time, you're better off hiring a private attorney. This obviously costs money, but if you do not have a private attorney, your chances of getting out of detention are very slim. Immigration Judges typically don't prioritize your case if you do not have an attorney. And you only get one shot at a bond hearing, with only one appeal, i think.

In order to get out of detention, your lawyer or yourself have to prove to the Immigration Judge two things:

1. That you are not a flight risk, and
2. That you're not a danger to the community.

Bonds start from $1,500 and there is no maximum. They can be paid either in cash for the whole amount, or by a bondsman. Though if you use a bondsman, there are only a select few out there and it has to be fully backed by surety/collateral.
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Last edited by biscuitneck; 02-28-2017 at 12:14 AM.. Reason: additional info
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#10
02-27-2017, 11:48 PM
BANNED
Joined in Jan 2017
61 posts
UndocumentedPapi
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whats your country of origin?
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