Those whom the Department of Homeland Security determines are in violation of the country’s immigration laws may wind up in detention in one of the United States’ many facilities dedicating to holding immigrants until their matters get decided. York County Prison is one such facility.
Detention carries with it a terrible emotional burden, particularly if it means that a person is separated from loved ones. Moreover, a detained person may find it much more difficult to tap into legal and other resources which could help the person with his or her case.
Some immigrants may be eligible for a bond
Some immigrants may be able to post a cash bond in order to get released from detention. This privilege is not available to all detainees.
Certain immigrants, including those convicted of particular crimes or those who have a history of deportations, may not be eligible to post a bond.
While Homeland Security will typically set the amount of a bond, a detainee does have the right to ask an Immigration Judge to review the amount. Of course, the hope is that the Judge will lower the amount.
It is important for someone who wants a degree of freedom to present a convincing case that he or she should receive a reasonable bond with reasonable terms.
The government is not allowed to detain all immigrants accused of violations
Not every immigrant is eligible for continued detention. In most cases, there has to be what the law calls a significant likelihood of removal in the reasonably foreseeable future.
In other words, even if a court has ordered removal, the government cannot simply detain an alien indefinitely unless the government can show the person presents a safety threat.
People who are in immigration detention and their families may have a number of legal options that can help them.