• 06
  • January
    2012

Last year, the Obama administration stated that it wanted to focus its immigration enforcement efforts on "threats to public safety, repeat immigration law violators, recent border entrants and immigration fugitives," taking the pressure off undocumented immigrants who have been in the U.S. for a long time and haven't committed a crime. Unfortunately, even U.S. citizens and obvious crime victims continue to face deportation/detention/removal.

Now, U.S. Immigration and Customs Enforcement (ICE) has created a hotline for individuals detained by the U.S. government who are potentially U.S. citizens or crime victims. The hotline is a 24/7 toll-free hotline staffed by ICE personnel. According to an ICE press release, the hotline is meant to "ensure that individuals being held by state or local law enforcement on immigration detainers are properly notified about their potential removal from the country and are made aware of their rights."

The hotline was partially created in response to reports that multiple U.S. citizens were held in immigration detention centers, including actions by Arizona's Joe Arpaio, who has been accused of abuse of power and racial profiling (the federal government has since taken action against Mr. Arpaio).

There is also a new detainer form from the Department of Homeland Security that stresses that a person cannot be in custody for more than 48 hours while law enforcement determines his or her deportation status. The form specifically states, "You are not authorized to hold the subject beyond these 48 hours." Other highlights on the new detainer form include:

  • Law enforcement agencies detaining a person must give him or her a copy of the detainer form and notice that ICE will assume custody based on criminal charges or conviction.
  • ICE is only allowed to make the detainer operative once the individual is convicted of the offense for which he or she was arrested.
  • Detainees are given instructions on how to make a civil rights/civil liberties complaint against ICE.

If you are currently detained by the U.S. government and are a U.S. citizen or a crime victim, you can call the hotline at (855) 448-6903.There are translations services in multiple languages between 7 a.m. and 12 p.m. EST. It is also wise to contact an immigration attorney experienced in immigration defense as soon as possible.