If you are an illegal immigrant in the United States, and you have children, it is likely that your children are in the United States as illegal immigrants as well. Being an illegal immigrant can be troublesome for children who wish to eventually become legal residents of this country; however a new Act (The DREAM Act) is currently sitting in the US Congress, which unfortunately is sitting as a lame duck session. The plan is that this bipartisan piece of legislation will be voted on during the last couple of days that Congress is in session.

The DREAM Act or Development, Relief and Education for Alien Minors, will permit undocumented students to become permanent residents if they came to the United States as children, are long-term U.S. residents, have good moral character, and attend college or enlist in the military for a minimum of two years. In essence, these undocumented immigrants would need to prove their worthiness by being productive members of society seeking to better their situation according to most sources.

What is astounding is that undocumented immigrants throughout the entire country are coming out in full force in support of the Act. This is dangerous for them, as it is with all undocumented aliens. To declare their status out loud puts them at risk of being detained and deported. (Should you as an illegal alien be detained, it is wise to immediately seek the counsel of a good immigration attorney who will ask for an immigration bond for you so that you may return to your studies and family.) An immigration bail bond will allow you to continue with your studies while the outcome of your case is being determined.

If you are currently a student, and if the DREAM act is passed, there are certain conditions which you must meet in order to take advantage of the opportunities of the DREAM Act.

• In order to qualify for the DREAM Act, a person must have been present in the United States for a period of 5 years prior to the enactment of the Act, and must have come to the United States before their 16^th birthday, and may not be over the age of 35 years old.
• The person seeking qualification must also be a member of the community in good standing and have no criminal record.
• An individual must have earned their high school diploma, GED or be enrolled in a college or University.
• The individual has never been under a final administrative or judicial order of exclusion, deportation, or removal unless the person has remained in the U.S. under color of law after such order was issued; or received the order before reaching age 16. 

This important piece of legislation will only be passed if you and your friends and family take a stand. Write to you congressman and tell him or her that you believe in this bill, and that you want him or her to support it. Pass the word along, and take a stand in your future!

Despite the best efforts of attorneys, family, bail bondsmen and other professionals, there are times that an immigrant who has entered the country illegally, and who has been detained, will be deported. This is a long process at times, and often one that is more confusing than the visa process. In an effort to help with understanding the immigration deportation process, we thought that a blog article on the subject was in order.

This process is now called the “Removal Process” and applies to any detained person who is in the United States illegally. The Removal Process is not just the act of expelling someone from the country, but also the process of determining whether they are in the United States illegally, or whether they have a right to remain in the country.

The first step in the immigration deportation process is being issued with a “Notice To Appear” before the immigration judge. Within this notice to appear, you will find the reason for which you are being required to appear (normally an immigration violation), an explanation of the charges against you, and what will happen should you fail to appear before the judge at the appointed time.

The first thing that you should do is request a Bond Redetermination Hearing. This is the hearing that is held to determine whether or not you are eligible for a bail bond so that you do not need to await your hearing in a detention facility. Your immigration attorney will be able to help you find a reputable bond agent in your city that will be able to help you bond out of the detention center should you be allowed to do so.

Once you appear, the judge will hear the charges and evidence against you. Should you be found to be guilty, all is not lost. You or your attorney may apply for “Relief from Removal” which we will explain further in a later blog post. Should your request for “Relief from Removal” be denied, the Immigration Judge will order your deportation.

If you have been ordered deported, you can appeal the decision. Having a good immigration attorney will help you get through the process and will also increase your chances of winning the right to remain in the country. If you are given a final order of removal, you will be detained in immigration detention until such time as arrangements can be made to remove you from the country.

The public perception of bail bondsmen is often somewhat skewed by “reality” television, leading the public to believe that the job of a bail bondsman is about chasing after clients who skip out on their court appointments. While those in the industry understand that this is far from the truth, we believe that it is better to help educate the public that might need our services about the responsibilities of the bail bondsman.

• Education: Most states require some type of pre-license education. This can range from a couple of hours to a couple of months depending on the state in which the bail bondsman resides. The point of this requirement is to educate potential bail bondsmen on the types of bonds that they might issue, the type of charges that might be brought against their defendant, and the duties, responsibilities and bail law. Some states also require annual continuing education in order to ensure that a bail bondsman is up to date with all of the most recent developments.
• Insurance: All bail bondsmen are required to carry insurance. By checking with the Department of Insurance in the state in question, you will be able to see which bail bond agents are legit. Some states even require a “trial” period with a temporary license before they will issue a permanent bail bondsman license.
• Build Up Funds: Most states require that a bail bond agent deposit their build up funds or BUF in an FDIC approved bank prior to opening their doors for business.
• Customer Service: A bail bondsman must always manage his customer service well. Though this is not customer service in the traditional form of the word, it is imperative that a bail bond agent remain in contact with the people that he has placed a bond for. Remind them of their court dates, their responsibilities, etc.
• Listen: In some ways, a bail bond agent is part friend, part counselor, part instructor. When you are placing a bond for someone, you’ll need to listen to their problems, and act as part counselor, or even just as an ear to vent to. Going to jail is certainly not the highlight of their life, and they want to talk about it. By listening to your client, you will often gain a better understanding of who they are as a person.

Despite popular public opinion, being a bail bondsman is not a glamorous job. It is one that requires quite a bit of dedication, customer service and compassion, as well as education. By choosing the right bail bondsman, you will ensure that you are treated in the best possible, and most professional, manner.

If you have been detained by ICE for immigration or visa violations, it is certainly your right and most advisable to make contact with a reputable immigration attorney as quickly as possible. The faster that you have an attorney working on your case, the better chances you have of your case being dealt with in a timely manner. No one wants to be held in immigration detention for an extended period of time. Though immigration bonds are not routinely issued, when your attorney is working on your behalf, your chances of obtaining an immigration bond increases.

There are also times when you might be issued a bond before you make contact with an attorney. In these cases you will most likely need a bail bondsman who specializes in immigration bonds. (It is prudent to be very careful when choosing your bail bondsman as not all bondsmen are able to write immigration bonds.) A reputable bail bondsman will also be able to help you choose an immigration attorney that can assist you with your case.

Options: What options are available to you if you want to stay in the United States? A competent attorney will be able to help you sort through all of the options that are available to you, whether you entered the country legally or illegally. This is their area of expertise, and they know and can research the available visas, exceptions and other options that will allow you to do what you want to do.

Representation: Technically, a person may represent themselves in court, whether it be criminal, federal or INS court. However, given the limited knowledge of the workings of INS and ICE of the typical immigrant, it is advisable that you retain an attorney who can walk you through the entire process, make the right motions and requests for extension or leniency where needed, and make sure that there are no mistakes made during the processing of your case.

Paperwork: With immigration cases, certain paperwork and motions have to be filed at certain times in order to make sure that your case proceeds in a timely manner and does not get thrown out or delayed because of missing paperwork. A competent immigration attorney will be aware of the paperwork that is needed and when it should be filed. They will also be able to help you fill the paperwork out correctly, and translate, or have translated, documents as needed.

Immigration cases can take quite some time to sort out, but having trust in your attorney will allow you to have peace of mind that your case will be handled, and that you will have a positive outcome.

Immigrations and Customs Enforcement or ICE as they are most often known, is the main investigative arm of the Department of Homeland Security. Most people believe that their main job is to find people who are violating immigration laws, and to enforce said laws, however this is not the case. The mandate for this arm of the government goes far beyond finding and arresting or deporting immigrants who might have overstayed their visa or entered the country illegally.

With their mandate being the protection of national security and public safety, they are responsible for the protection of border control, customs, trade and immigration. ICE is responsible for enforcing Federal laws, both civilly and criminally. As such, they can investigate everything from bank fraud to immigration issues, trade infringements to employment matters. Ice has the broadest investigative powers of any of the government agencies in the United States of America.

ICE’s particular duties include identifying vulnerabilities in the nation’s border, economic, infrastructure and transportation security, then investigating and dismantling these weaknesses, making sure that they strengthen each area and assure its future integrity. 

In addition to immigration issues, what other things can ICE investigate and detain people for?

• Bank Fraud
• Human Rights Violations
• Smuggling
• Art Theft
• Drugs and Arms Trafficking
• Gang Investigations
• Financial Crimes such as money laundering
• Terrorism
• Computer Crimes
• Intellectual Property Rights Violations

As you can see, the investigative and arrest capabilities of ICE are broad and are meant to be of benefit to the United States and its inhabitants. However, the most visible branch is of course the agents that deal with the immigration issues. Should you find yourself detained by ICE for immigrations violations, it is certain to be a confusing and trying time not only for yourself but your family as well. When you are detained by ICE, there are times that an immigration bond will be allowed in your case. If this happens in your case it is important that you understand the difference between a criminal bond and an immigration bond.

If you are detained by ICE for immigration violations, it is also important to note that you do have certain rights, even as an illegal immigrant. You may always speak with an attorney, who will help you understand your rights and the charges that are being brought against you. If you do not know of a reputable attorney, it is often best to ask for word of mouth referrals from friends or family, or alternatively ask that an attorney be provided for you if you are unable to hire one through your own means.

While they are perhaps a person that most people do not want to have to deal with, bail bondsmen and women serve a distinct and valuable service for citizens and immigrants in the United States. Without them, many people would sit in detention for months or in some cases even years while awaiting a decision on their case from the court. As such, many people who are arrested or detained rely on reputable bail bondsmen and women to make sure that they can get home to family, work obligations and in some cases even educational responsibilities. Without them, many people might lose their jobs, their income and in a vicious cycle their homes and livelihoods if they are forced to remain behind bars for an extended period of time.

A bail bondsman or woman can be your best friend in a time of disappointment, fear and need. A reputable bond agent will help walk you through the charges that are leveled against you, help you understand what the next steps are, and if needed refer you to a reputable lawyer that will specialize in the types of charges of which you might be accused. You bond agent will also keep in contact with you from the time that you are released from custody until you have finished with the court system. Therefore it is likely that he or she is one of the few people, apart from yourself and your lawyer, who will be intimately familiar with the ins and outs of the case presented against you.

Different bail bondsmen and women specialize in different areas, and while some might specialize in criminal bonds, comparatively speaking, relatively few will specialize in immigration bonds. An immigration bondsman or woman takes on slightly more risk when providing a bond for an illegal immigrant as the percentage of people who are “no-shows” for their court appearance is higher than with criminal charges. As such, it is important to recognize that these bondsmen and women provide a distinct and much needed service and should be recognized for putting their own livelihoods on the line when bonding the accused. Should you as an illegal immigrant find yourself in the position of being able to post bond, finding a reputable immigration bondsman will not be as easy as 1, 2, and 3. Word of mouth referrals, detention center employees and 1-800Libertad.com can assist you in finding an agent that will make sure that the process is as smooth as possible, while assisting you to regain your freedom.

There are times when a person can be arrested on the spot. And there are yet other times when (most likely) they’ve already been arrested, have been released, and for some reason have had a warrant issued by a judge for their arrest. This can be for any number of reasons, including, but not limited to “jumping bail”, immigration infractions, parole violations, committing another crime, or failure to appear in court.

Typically speaking if you are the subject of a warrant for a parole violation, you will not be allowed to bail out of jail, and will more than likely be remanded to custody to fulfill the remainder of your original sentence. This is not fun, but it is the consequence of committing a parole violation. Parole violations are determined by your parole officer and what you have been instructed to do and not to do during your parole. They can range from missing a parole check in to failing a drug test, or being involved in the commission of a crime.

Warrants, sometimes called bench warrants, are issued by a judge when a person who has bonded out of detention fails to show for court (among other reasons, however this is a very common type). This type of warrant allows immediate arrest by any officer of the law, of the person named within the warrant. If you have “jumped bail” as it is called, (meaning that you have had a bail bondsman post bail for you and you have failed to show for your court appearances) several things will happen as a result of this. The judge will most likely revoke your bail, while also requiring that the bail bondsman pay the full amount of the original bail. At this time, it is most likely that your bail bondsman will begin looking for you to bring you to your next court appearance and also to collect on any collateral that you might have placed with him so that you could obtain bail in the first instance.

 An arrest warrant is a warrant for the arrest and detention of a person who has not yet been arrested for the particular violation that he is being accused of having committed.

A search warrant allows the police to enter and search the location named in the search warrant for items pertaining to the investigation that they are conducting. Often, the warrant specifies what the law enforcement officials may search for.

There are many types of warrants, but the most important ones for the majority of the population are those that are listed above. Your bail bondsman will be able to help you decipher the particular warrant that you have been served with, and will help you understand the consequences of those warrants.

It’s never fun being held in detention, whether for immigration or criminal transgressions or accusations, but more often than not, when being held on criminal charges, there are family or friends that can care for your little ones. When being held on an immigration charge, it is likely that your children are also part of the same immigration procedure, and as such are often detained as well, and in the past more often than not, they were separated from their parents. However, a recent trend has seen the building of non-criminal family detention facilities so that children and parents can remain together.

However, these facilities are not plentiful, and as such only a few of the many illegal immigrants are able to make use of them. In one way, it is good for the children that they are not forced into a detention center that has been built, and caters to, the adult population. However, we do understand that it is painful and scary for both child and parent to be separated from one another. What is important to understand is that many times, these detention centers are simply not fit for children, nor do they have the resources to help the children continue their education or work with the specific needs of immigrant children. More often than not, these children are released to a relative or friend far quicker than their parent.

While immigration detention should in no way be considered detention for a crime immediately (immigration violations are more often than not in fact civil violations), being placed in a cell or detention center often leads to people feeling as if they are being treated as a criminal, and concern for other family and children is natural.

There is a possibility, especially with the overcrowding in many of these detention facilities that people with no criminal history in their home country will be allowed to post an immigration bond while waiting for their case to be heard in immigration court. This is also in the best interest of the government, as allowing people to go on immigration bond, with or without monitoring, is far more inexpensive than housing illegal immigrants. (The average daily cost for housing an illegal immigrant is $122 per day).  That means that the average immigrant who remains in detention for one year will cost the government and tax payers $44,530.

Regardless of the reason that illegal immigrants are detained, whether it is for visa violations, criminal activity, or any other of the myriad reasons that a person can be detained, all are entitled to due process and to having their case heard before the immigration court before being deported.

Miranda Rights; that’s a big term in America. We see them on the television, we hear about them on the radio, and we read about them in the newspapers and magazines, but what are they exactly? And who is entitled to them more importantly.

One of the biggest misconceptions that there is with regards to Miranda Rights is that they must be issued before a person can be interrogated. This is in fact not true. Police may interrogate a person without reading them their Miranda Rights, however, nothing that is said during an interrogation where a person has not been made aware of his or her rights can be used against them in criminal proceedings. While police may use any information that they glean in order to further their investigation, they cannot use these statements in a court of law. Regardless, a person who has been arrested may always end any interrogation or questioning by requesting an attorney.

The Miranda Rights are basically in place to ensure that a person understands that they do not need to incriminate themselves in any criminal investigation. The Supreme Court of the United States of America has set strict guidelines that state:

“The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent her or him.”

This has been the standard up until June 1, 2010, when the Supreme Court wrote in a new decision that “criminal defendants who have been read the Miranda rights (and who have indicated they understand them and have not already waived them), must explicitly state during or before an interrogation begins that they wish to be silent and not speak to police in order for that protection against self-incrimination to apply. If they speak to police about the incident before invoking the Miranda right to remain silent, or afterwards at any point during the interrogation or detention, the words they speak may be used against them if they have not stated they do not want to speak to police”, thereby setting a new standard for police as well as people who have been arrested.

As this is a new wrinkle in the criminal justice system, we felt that it was our duty to help clarify this for people who might be in need of this knowledge.  The criminal justice field is ever evolving to keep up to date and up to speed, and at 1800Libertad.com we want to ensure that our clients have all of the information that they might need to make an informed decision.