Questions & Answers
What is law enforcement’s policy on reporting undocumented persons?
Under the new Laken Riley Act, all law enforcement agencies must report undocumented individuals to U.S. Immigration and Customs Enforcement (ICE) who are charged with theft, shoplifting, larceny, burglary, assaulting a police officer, or any crime resulting in death or bodily injury.
Las Vegas Metropolitan Police Department (LVMPD)
- LVMPD has announced that they will not participate in enforcing immigration violations. This means: "Officers will not stop and question, detain, arrest, or place an immigration hold on any individuals on the grounds they are an undocumented immigrant."
- However, LVMPD will share information with ICE at the time of both booking and release if a noncitizen is charged with the crimes noted above.
Henderson Police Department (HPD)
- Currently, HPD has announced that they will alert ICE if an undocumented person is booked into their jail for any charge, but will not assist ICE or federal agencies with operations pertaining to deportations.
North Las Vegas Police Department (NLVPD)
- At this time, NLVPD has not issued a statement regarding its policy on alerting or transferring to ICE.
We recommend that people with any contact with law enforcement speak to their defense attorney about the possible immigration consequences of any offense, plea deal, and so on. This may require doing a separate consultation with an immigration attorney.
Who is participating with ICE in mass deportation?
At this time, ICE officers are responsible for deportation operations. Some law enforcement departments have declined to assist, and for now, the National Guard is not assisting in deportation operations.
Currently there is no obligation for healthcare providers or educators to report people to ICE. It is strongly recommended that healthcare and education professionals review Know Your Rights materials and review their internal policies to ensure they safeguard the rights of their patients and students during any interactions with ICE.
What is a valid warrant?
A person has the right to deny ICE entry to their home if they cannot present a valid warrant signed by a judge. An administrative warrant, signed by an ICE officer, is not enough.
Click here for more information on valid warrants.
What happens after an arrest by law enforcement (not ICE)?
Under the new Laken Riley Act, anyone arrested for theft, shoplifting, larceny, burglary, assaulting a police officer, or any crime resulting in death or bodily injury can be referred to ICE for detention/deportation. Conviction is not required—being arrested for one of these crimes is all that is needed for ICE to get involved.
Anyone arrested for other kinds of charges will go through the same protocols as any other person charged with a crime. They may receive a citation for low-level misdemeanors or may be booked into the local jail. It might be possible to seek bail.
People should be sure to speak with their criminal defense attorney about possible immigration consequences.
How likely is ICE to detain me?
Currently, anybody with a prior immigration history of deportation, expedited removal, or criminal history will be a priority. Those deemed a threat to public safety/national security are also a top priority (domestic violence, DUI, drug convictions, repeat offenders).
Any individual arrested for shoplifting, theft, burglary, larceny, assaulting a police officer, or a crime that results in bodily injury or death may be referred to ICE under the new Laken Riley Act. Being arrested for any of these crimes is all that is necessary for ICE to become involved (conviction is not a requirement).
Can I prepare ahead of time in case I am detained?
Yes, the best thing to do is make a plan now. This will make it easier for your loved ones to help you.
Review the Family Preparedness Plan materials at www.lacsn.org/us. The most critical things you can do now are:
- Keep all your legal documents together and let a trusted person know where to find them.
- Sign a G-28 form. Sign next to the arrow on page 3 and leave the rest blank. This form is essential to getting a lawyer who can help you. Without it, a lawyer may not be able to enter ICE detention to see you.
- If you have children, sign a "Nomination of Guardian" form stating who you want to care for your children in your absence (form available at lacsn.org/guardian6).
- Sign a power of attorney granting someone you trust the ability to manage your finances and any other affairs (form available at lacsn.org/limited).
How do I locate a loved one in ICE detention?
Click here to use the ICE Online Detainee Locator System. You can search for your loved one using either:
- Their A-Number and country of origin, or
- Their full name, date of birth, and country of origin.
It may take a few days for your loved one to appear in this system. Alternatively, if you have their A-Number, you can click here to check to see if they have an upcoming immigration court hearing. This could help you find out if they were detained and transferred out of state. You can also try calling facilities directly (www.ice.gov/detention-facilities).
What are my rights if I am detained?
People in detention retain the following rights:
- Right to remain silent. Ask to speak to an attorney or to see an immigration judge.
- Right to be represented by a lawyer, but that lawyer will not be provided to you. The person must seek and hire an attorney on their own.
- Ask the immigration officer for a list of pro bono attorneys.
- For friends/family, contact the Lawyer Referral Information Service at 702-382-0504 for referrals to qualified attorneys you can hire. Do not hire just anyone—make sure the person is experienced in immigration law.
- Right to contact your consulate. The consulate may be able to help find you a lawyer.
- Right to an interpreter in your preferred language.
- Right to seek protection from deportation if you fear torture or persecution in your home country.
- Right to receive a copy of every document filed into their immigration case by ICE.
- You can refuse to sign any document until you have had the chance to talk to a lawyer. You can refuse to sign any document you do not understand, or that is not in your preferred language.
- You can appeal a decision the judge makes (i.e., denying an application, ordering deportation).
What is the legal process once I have been detained and arrested by ICE?
Your right to see the judge and fight your case in immigration court, also known as "Removal Proceedings" will depend on your prior immigration and criminal history.
A person detained who does not have negative immigration history (order of removal, prior deportation, or prior expedited removal) is usually eligible for Removal Proceedings and can also request that the immigration judge allow the person’s release under bond in the event that ICE has not set a bond amount.
However, a person who was previously ordered deported or who has been deported from the United States is subject to having the earlier removal order reinstated. In that case, it is possible for ICE to try to reinstate that old order and arrange to deport someone without a Removal Proceedings hearing. Additionally, the person is usually ineligible to seek bond. The only way to obtain a hearing in this situation would be if the person has a reasonable fear that they will be persecuted or tortured if they return to their home country, and they express that fear to an officer. They would have to tell an officer that they request a Reasonable Fear Interview (RFI). A person is entitled to an interpreter during this interview if they do not speak English. If an officer decides the person does not pass the reasonable fear interview (as in, decides the claim of fear is weak, not viable, and so on) the person can request for an "RFI Review" during which they get a second chance to express their claim of fear in front of an immigration judge in court. From there, the judge may agree with the officer, and ICE will arrange deportation, or the judge may reverse the officer’s finding and allow the person to fight their case in court while detained.
Will ICE release me after I am detained and processed?
If you are eligible for Removal Proceedings, ICE can set a bond amount to secure your release or you can request a bond hearing with an immigration judge. If released on bond, there will still be a court date to attend and a trial will be scheduled.
A person detained who already has a removal order or who was arrested for petty larceny, theft, burglary, battery on a police officer, or an aggravated felony will not have the right to seek a bond. The person will be held under mandatory detention and will likely remain detained until the person is removed from the United States.
What is an immigration bond?
A bond is an amount of money someone pays to the Department of Homeland Security in order to be released from ICE custody. The bond that is posted makes sure that the individual will attend their immigration court hearings and check in with ICE if required. If the individual does not comply, the bond will be forfeited.
How do I ask for a bond?
You can ask ICE for a bond. You must request this in writing. It is strongly recommended to not apply for bond until you have all the supporting documents ready, as there is usually only one chance to seek bond. Click here for more information on seeking bond while in detention.
If they set a bond, you can pay it and be released. If ICE doesn’t set a bond or sets a bond that is too high, you can also ask for a bond hearing with an immigration judge to reconsider whether a bond will be issued or if the amount of the bond will be lowered.
How does a judge decide about my bond?
The judge will decide three things before deciding if you will get a bond:
- That you are eligible for a bond. Some criminal convictions make you ineligible for a bond such as drug crimes and aggravated felonies. You are not eligible for a bond if you were detained entering the U.S., if you have been deported before, or if you have a final deportation order.
- That you are not a danger to the public. The judge decides this based on your criminal history. The judge will look at convictions, arrests, open criminal cases, police reports, evidence that you have been rehabilitated, and any other evidence provided. If the judge believes you are a danger, you can’t get bond.
- That you are not a "flight risk." The judge considers things such as whether you have connections to your community, you are eligible for relief, and have appeared for other court cases. This will reassure them you will come to all future deportation hearings if you are released from detention.
How much is a bond?
By law the lowest possible bond is $1,500, but it may be higher. When determining the bond amount, the immigration judge will consider the individual’s ties to the community, pending or prior criminal history, and whether the individual is a flight risk.
How do I pay for a bond?
The individual who will post the bond must be a United States citizen or legal permanent resident and provide proof of their status (birth certificate, passport, green card). If the individual has the money to post the bond, they will need to set up an online account. Before submitting a bond, make sure you have the person in custody’s name and their A-Number, bank information or cash in the bond amount, access to Internet and email, access to a scanner, and an account.
What if I do not have all of the money needed to post bond?
If you do not know someone with legal status who can pay the bond for you or if you cannot pay the whole bond amount, you can work with an immigration bond agency to pay the bond. Each agency has different requirements. In general, agencies will charge around 20% of the total bond amount (they will keep that money to pay for their services), and you will probably have to give the agency "collateral" to secure the bond.
How do I convince the judge to give me a bond?
The immigration judge will tell you that you have "the burden of proof." That means you must convince the judge that you are not a danger or a flight risk. The government will likely present evidence showing why they believe you should remain detained.
- Providing evidence will increase your chances of obtaining bond. Helpful evidence may include copies of children’s birth certificates, marriage certificates (if married to a legal resident or citizen), pay stubs, a signed lease or letter showing where you live, and letters of support from employers, neighbors, or family members.
- All documents you give to the court for your case must be in English or include a certified translation.
- A bond hearing is a separate hearing from your removal hearing. The immigration judge will only consider the bond request, and you only get one bond hearing, so make sure that you are prepared with all of your evidence before requesting a bond hearing.
Do I need an attorney to help me?
You have a right to an attorney, but you are not required to have an attorney. The court will not provide an attorney for you. The judge can give you a list of organizations of pro bono attorneys who could assist you for free, but you will have to contact them yourself to see if they will take your case. Remember that they might not be able to take your case. You also have the option of hiring a private attorney to represent you.
- People are usually more successful in their bond and deportation cases if they have an attorney. It is helpful to speak to an attorney before deciding whether to hire them or to represent yourself. You are not required to speak to or hire an attorney.
- If you are not sure if you need an attorney or have not been able to hire one yet, you can ask the judge for more time, also known as a continuance. The judge will give you more time to talk to an attorney. If you ask for more time, the judge may tell you to make a new bond request when you are ready. Your immigration case will continue to move forward while detained and seeking an attorney—judges will not grant you unlimited time.
Will I get the bond money back?
If you go to all of your court hearings and your case has concluded either by being granted relief or leaving the country as ordered, the bond money is returned to whomever paid it. If the individual does not attend their hearings or appointments with ICE, the bond might be forfeited and not returned.
