By Mitchell J. Cohen, Esquire

When someone is detained by Immigration and Customs Enforcement (ICE) it is often a challenge to find out where immigration has locked them up. ICE has a page called the “Online Detainee Locator System,” which may be helpful in locating someone in immigration custody.  The page states that the locator system can be used to locate current ICE detainees as well as individuals released from immigration custody within 60 days.   The system cannot search for persons under the age of 18. The ICE online detainee locator system allows the user to conduct a search using the detainee’s “A-Number” (also known as an “Alien Number” and his/her date of birth, or if the A-Number is unknown, a search may be conducted by entering the detainee’s biographical information A individual may be assigned an alien number under a variety of circumstances.   It may have been assigned in connection with a person’s application for an immigration benefit.    An individual’s alien number might be found on a USCIS receipt notice (Form I-797).   It can be found on a person’s USCIS employment authorization document (also known as a “work permit), or his or her permanent resident card (a/k/a “green card”).   An individual may also be assigned an alien number as a result of being placed in immigration court removal proceedings.    If a person has not been assigned an alien number previously, ICE will assign a new one upon taking that person into immigration custody.    Sometimes an individual will have one, two or even more alien numbers that have been assigned to him over the years. That is why it may be useful to gather together as many of the detainee’s immigration documents, to ascertain all alien numbers assigned to him/her.

Searching to ICE detainee locator system by biographic information is more of a challenge, because the system does not employ “fuzzy logic.”   Rather, the detainee’s first and last names must be entered exactly as they are listed in ICE’s system.   It may be necessary to experiment searching with variations of a person’s name,  including or excluding hyphens, or adding or subtracting the mother’s surname, or even entering known aliases. If you receive a phone call from someone in immigration custody ASK WHERE HE OR SHE IS (the name of the facility, and address).   ASK WHAT ALIEN NUMBER AND/OR JAIL NUMBER HAS BEEN ASSIGNED TO HIM OR HER.   Oftentimes the alien number and jail number will be on a wrist-band. Unfortunately, the reality for many is that it can take hours or even days to locate a person who has been arrested by immigration.   The arrested individual may be taken to one ICE facility to be “processed” but then moved to another to be incarcerated.     Even when someone is actually located within a facility, it may several hours or even overnight for that person to be entered into the facility’s computer system.   Again, if calling a immigration detention center, it is helpful to have the A number handy.

ICE detention centers and contract facilities in Florida

.

.

Baker County Detention Center      

1 Sheriff’s Office Drive, MacClenny, FL 32063

Phone:  (904) 259-3311

.

.

.

.

.

.

.

.

.

.

Wakulla County Detention Center   

15 Oak Street, Crawfordville, FL 32327
Phone:  (850) 942-8301

.

.

.

.

.

.

.

.

.

.

Attorney Mitchell J. Cohen

Attorney Mitchell J. Cohen is a member of the American Immigration Lawyers Association (AILA) and represents individuals at Krome, BTC, the Glades Detention Center, and throughout Florida.   Law Offices located in Hallandale Beach (954 457-1941). For Lee County, Fort Myers, Florida residents call us at (239) 931-6558. Would You Like to Know More?

The ICE Hold

by Mitchell J. Cohen, Esquire

An immigration detainer (sometimes referred to as an “ICE detainer” or “ICE hold”) is a notice from the Department of Homeland Security that is given to a state or local law enforcement agency advising that agency that DHS intends to take custody of an incarcerated individual once he or she would otherwise be released.    The reasons for immigration to place a hold on someone are varied, however, usually it has to with DHS intending to remove (deport) that person from the United States.    An individual with an immigration detainer might be placed in removal proceedings or may in fact already have an outstanding order of removal.

If there is an detainer (a/k/a “ICE Hold”) on someone in jail, once that person posts bond on the criminal matter, the jail may continue to hold that person even though bond has already been posted.   Immigration in general has 48 hours then to pick up that person from jail.    That person now may be “processed” at an ICE facility, which may include being interrogated, fingerprinted, and photographed.    A Notice to Appear in Immigration Court may be served on the person being held.  ICE in some cases may release the person on his or her own recognizance or detain further in an immigration detention center or contact facility pending removal proceedings or execution of an outstanding order of removal (deportation).

The Immigration Detainer Automatically Expires After 48 Hours

The detainer only authorizes a law enforcement agency to keep an individual in jail for 48 hours (2 days), beyond the time that person should have been released (excluding weekends and holidays).   It is against the law for the state or local jail to hold a person beyond the 48 hours (excluding Saturdays, Sundays, and holidays).   See the provisions listed on Form I-247 Immigration Detainer.

Attorney Mitchell J. Cohen

Mitchell J. Cohen, Esquire is a member of the American Immigration Lawyers Association.  Cohen represents individuals in Immigration Court removal proceedings, and handles a variety of other types of immigration cases.

Immigration Law Offices in Hallandale Beach. Call (954) 457-1941 (Hallandale Beach Office). For Lee County, Fort Myers residents, call us at (239) 931-6558.    Would You Like to Know More?