Immigration Law

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I have two parents currently in jail. Immigrants of course.

Customer Question
Hello, I have two...

Hello, I have two parents currently in jail. Immigrants of course. And also with an ICE hold. They had court this past Tuesday, November the 21. It's been past the 48 hours that they give for ICE to come pick them up. They won't release them. What do you suggest? Thank you in advance.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

North Carolina

Lawyer's Assistant: Have you talked to a lawyer yet?

I have an immigration lawyer for my mom and he said he couldn't do anything since they're not moving her yet. She hasn't signed anything. He said that he could fight for an immigration bond when they start moving her around. But since they haven't started moving her and it's beyond those 48 hours, I wanted to see what I could do about that.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I don't think that's it.

Submitted: 7 months ago.Category: Immigration Law
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Answered in 3 minutes by:
11/27/2017
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 7 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,867
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Customer reply replied 7 months ago
Thank you!
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 7 months ago

Federal Judge in Texas Finds County Policy of Honoring ICE Detainers Violated Plaintiff’s Rights

6/5/2017

A district judge found that a Texas county’s policy of honoring ICE detainers violated the Fourth and Fourteenth Amendment rights of a plaintiff who was held in county detention pursuant to an ICE detainer after his criminal charge was dismissed. (Trujillo Santoyo v. United States, 6/5/17)

Have they been issued one of these

http://www.aila.org/File/Related/17032405a.pdf?utm_source=aila.org&utm_medium=InfoNet%20Sear

I have also attached the controversy of ICE detainers.

Please read these attachments and come back to me.

It all depends on whether that particular jurisdiction is participating in the "secure communities" with the Feds. Why? They get federal money.

So read the attachments then tomorrow call the city or county attorney - who ever is holding them - and ask if they are participating in secure communities and if not they have a constitutional obligation to release after 48 hours.

Judith

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Customer reply replied 7 months ago
Thank you so much!!
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 7 months ago

Let me know what you find out.

Judith

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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