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Immigration is one of the hottest topics in the United States. In fact, a portion of the U.S. government shut down over the President's demands for a border wall.
The ongoing discussions are complicated and sometimes involve undocumented immigrants currently residing in the United States. At the same time, the administration is aggressively detaining immigrants and holding them in federal facilities.
It is important to remember that immigrants have legal rights in the United States. This includes the right to post bail and rejoin your family while waiting for trial. Read on to learn more about immigration bail bonds in Rhode Island.
What Is an ICE Detainer?
One of the common elements in an immigration case is a detainer from the United States Immigration and Customs Enforcement (ICE) agency. ICE requests a detainer when state or municipal authorities apprehend an undocumented immigrant.
If the detention facility accepts the detainer, they are promising ICE to hold the person for an additional 48 hours. ICE uses this extra time to help decide whether to take the subject into federal custody.
The ICE detainer process is highly controversial. Many states, such as Rhode Island, have taken steps to curtail the use of detainers. This is especially true in cases where a warrant is not on file for the person in custody.
What Is Rhode Island Law?
Rhode Island only allows the state's Corrections Department to honor a detainer if a warrant is on file. This change was implemented in 2014 after concerns from civil rights groups that legal rights were being violated.
It is important to remember that detainers are not legally binding. Also, it is common for authorities to violate a person's rights by holding them too long.
What Is an Immigration Bail Bond?
When a judge approves an immigration bail bond, it authorizes the release of a detained individual. This individual pays the bond amount set by the court and promises to appear for the next court date.
The intent is to allow this person to prepare for the trial and make family arrangements. The bond payment is often obtained by family members or immigration-friendly organizations.
Bond amounts are refunded once the individual appears at court. The purpose of the bond is to create a financial incentive for the court appearance.
Failing to appear results in the forfeiture of a significant amount of money.
There is an alternative to a court appearance. In some cases, the judge orders that the individual self-deport and return to their home country.
The bond amount is returned in these cases as well.
Immigration is obviously a hot button issue right now. The key is remembering that undocumented immigrants have legal rights too.
They cannot be detained indefinitely and without charges on file.
Posting immigration bond is an effective tool for securing release from a state or local jail. If you want to learn more about immigration bail bonds in Rhode Island, contact us for further assistance.
Our agents can tell you more about your particular needs.
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