INS Holds Conflict

Local law enforcement agencies are working with federal immigration officials in placing INS holds on detainees thought of being illegally in the United States. In recent years, Fastrak Bail Bonds has experienced a conflict in posting bail bonds for our clients due to an INS hold. Local police departments are now staffing ICE agents in their jails. The ICE agents will typically make their rounds, checking if the arrestee with an alleged crime(s) is legally in the Unites States. Once it is determined a person is here illegally, it is very difficult to have them released on bail.

Avoiding INS Holds

In general, we verify the arrestee’s bail information before and after the required bail bond documents have been finalized with the co-signer. Unfortunately, the INS hold is placed in the interim or after the bail bond has been posted, causing the bail bond to ultimately be rejected by the detention facility. Once the INS hold is in place, bail or bail bonds can’t be posted and a refund in premium monies is required. Avoiding INS Holds are quite difficult. If you are here illegally, a simple traffic stop can prompt an inquiry into status of residence.

INS Holds Options

The arrestee’s options for release are limited, if any at this point. The arrestee first must resolve the local case pending against them in the state court. Then they will be turned over to federal government( ICE) for a deportation hearing of some sort and held in a California general prison. If circumstances allow, the arrestee will be able to make bail or post an immigration bail bond pending their trial here in the United States. The immigration hold will be lifted and the arrestee will be released pending the outcome of their case. In general, a criminal immigration case can take between 3 to 7 years.

Federal immigration laws are changing constantly and can be complex. It’s best that you consult with a criminal defense immigration attorney who specializes in this area of the law regarding INS holds. The court hearings in such cases can be postponed for months at a time with no end in sight.