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As a general rule, DHS/ICE does not want individuals (both “Green Card” holders and undocumented individuals) in their custody.
ICE would prefer that the individuals have completed their criminal court cases.
DHS/ICE will place a Detainer on the individual. This requires the arresting agency to notify DHS/ICE when the individual is about to be released.
Again, the detainer is only an administrative hold and does not prevent a person from posting a criminal bond. However, even if the individual posts a criminal bond, other authorities will hold him until DHS/ICE can pick up the individual and transfer him/her to their custody.
A DHS Detainer (Immigration Detainer – Notice of Action via ICE form I-247) is similar to a criminal warrant.
It is served on the local sheriff, state, or possibly, even Federal authorities. By using this form, DHS/ICE can pick up the subject individual and transfer him or her into their custody for investigation or possible deportation after they have completed their criminal process or aftewr they have posted a criminal bail bond.
The ICE detainer is merely a civil hold. Most, if not all, law enforcement agencies honor the detainer.
If DHS/ICE fails to pick up the individual after 48 hours, the local police or sheriff may release the individual. This is because the local agencies do not want to have to pay for the continuing costs of housing a detainee.
However, if DHS/ICE advises the local agencies of any special circumstances, they are more likely to extend the hold.
Once DHS/ICE has you in their physical control, they will transfer you to a processing center.
Once there, you are allowed to make collect phone calls. Sometimes the family may be allowed to visit you. However, you are not provided an attorney.
If you are officially in custody, you will be assigned an “A” number, (a file number for their case).
If the you are a “Green Card” holder – meaning you have established Legal Permanent Residence (LPR) or were previously in DHS/ICE custody, the federal authorities may assign the same number to the case.
Examples: A98-765-432, A098-765-432 or A205-611-328
A#, also known as an Alien Registration Number. An A # is like a social secutirty number as this will be their A # for life.
The A1 Magic Bail Bonds/Fianzas Agents will ask you for this number. The Bail Agent will be looking for an eight or nine-digit number.
This is the number that A1 Magic Bail Bonds/FIANZAS will use when talking with ICE/DHS to determine if the individual is in custody and if they were granted a bond.
Keep in mind that DHS/ICE has thousands of individuals in custody and that they will not typically answer questions regarding a particular individual unless provided with the “A” number.
An ICE officer will interview you to determine your legal right to be in the United States, your criminal record, and your possible justification for remaining in the United States.
At the conclusion of the interview, the officer may indicate that they will recommend that your bond be set at a certain amount.
However, this recommendation is NOT official and A1 Magic Bail Bonds/FIANZAS can’t secure the bond conditions (amount) on the individual until the Notice To Appear (NTA) is issued. The NTA indicates the charges and the official bond amount in writing.
Statutorily, the minimum bond amount is $1,500.00. Bonds are typically around $7,500.00. However, the amount can be higher or lower based upon the individual’s time in the United States.
The bond amount is also based on the probability of you being a flight risk along with your ties to the community and family/dependent’s living in the United States.
Once the investigation process has been completed, DHS/ICE will serve you with the NTA (Notice To Appear) and will require you to sign the form.
Indicated on the NTA will be the following information:
The individual will also receive a second document to sign, which is called the Notice of Custody Determination (NCD). If a bond amount is indicated on the NCD. A1 Magic Bail Bonds/FIANZAS will be able to have you released from DHS/ICE custody; Call us immediately at (305) 477-8001.
If the NCD does not indicate a bond amount set by the DHS/ICE official indicated by “no bond” notation on this document, you have the right to have an immigration judge set the bond amount.
However, there may be up to a 10-day waiting period between the issuance of the NCD and the hearing before a judge. The Immigration Judge will not grant a bond unless you REQUEST one while in front of an Immigration Judge.
Want to learn more about how immigration bail bonds work? Read our Immigration Bail Bonds Blog!