Being arrested is often a traumatic experience, especially if you haven’t ever been arrested before. The trauma will likely increase for a person who is not a citizen of the United States. The first few days after an arrest in Florida can affect an individual’s criminal case and their immigration status.
The first 72 hours after an arrest are critical. An arrest doesn’t always mean removal from this country, but it can bring immigration risks to the surface. It’s possible that U.S. Immigration and Customs Enforcement (ICE) may issue an immigration detainer when it wants the local jail to notify ICE before the person is released. This would allow the jail to maintain custody for a limited time to give ICE a chance to assume custody of the individual.
First appearance is important
The first appearance in a criminal matter is when the judge reviews basic information about the case. This includes the charge, probable cause, release conditions and bail. Even if a bond on the criminal matter is issued, that won’t put an end to an ICE detainer. This means the individual would remain in jail, even if they were able to post bail.
A noncitizen who’s in jail may be so focused on getting out that they entertain any option presented to them. One thing to remember is that a quick plea or rushed case resolution can negatively impact immigration because of the moral turpitude connotations for immigration. Certain convictions, admissions, or plea terms can affect immigration applications, lawful status or removal defense options.
Tips for the first 72 hours
It’s critical that anyone in this position doesn’t sign any documents they don’t fully understand. Seeking assistance immediately is important because a legal representative can help them to learn about their options and how to proceed. The entire goal during this time period is to protect their rights and avoid doing anything that might lead to their facing deportation. Swift but careful actions during the days following an arrest may protect immigration status.