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Immigration Detention Lawyers In Miami, FL

Dedicated Attorneys Fighting For Detained Immigrants

At Garcia & Qayum Law Group, P.A., our Miami, FL immigration detention lawyers understand the fear involved with immigration detention. If you or a loved one is being detained, it is crucial to get good legal representation right away.

The U.S. immigration system can be overwhelming. Without knowledgeable legal guidance, it is even more challenging. However, not all immigration attorneys fight for people in immigration detention. We do.

Also, many people in immigration detention are also dealing with criminal charges. When that is the case, you need an attorney who understands criminal law as well as immigration law.

We handle both. The Florida immigration detention law firm of Garcia & Qayum Law Group, P.A., provides experienced and compassionate – yet aggressive – legal help for people in immigration detention. We also provide robust criminal defense services.

Don’t wait to hire an attorney. The sooner we get started, the more legal options you may have.

We are a law firm founded by immigrants for immigrants. Reach out to us by phone at 305-676-0048 or email us to set up a consultation. Hablamos español.

We serve people in South Florida, including Miami, Fort Lauderdale and both Dade and Broward counties.

Our Legal Services For People In Immigration Detention

Our Miami, Florida lawyers are committed to helping detained immigrants. Our approach may include:

Filing petitions to challenge your detention as unlawful
Submitting motions to reopen and resolve old criminal or immigration cases, which could potentially result in your release
Fighting for legal, decent conditions in detention facilities

At every step, we work hard to be thorough and effective. We want to lessen the hardships of detention and get justice for our clients.

What You Need To Know About Immigration Detention

As experienced Miami immigration detention attorneys, we want to help you understand the reasons behind immigration detention and the legal procedures that follow it. We know the impact of immigration detention on people and their families. Our goal is to equip you with knowledge about the issues and then advocate for your rights.

Understanding Immigration Detention

The U.S. government uses immigration detention to hold people who are either undocumented or who have allegedly violated criminal or immigration laws.

Not all detentions are legal. The government has wrongfully detained many immigrants who were lawfully in the U.S. — and even U.S. citizens. In other cases, people have had legitimate defenses to detention, but the government detained them anyway.

If you are in detention, don’t despair. You have legal rights, and you may have legal options.

Reasons for detention: The government detains people for a range of reasons, but the goal is to deport immigrants who no longer meet the criteria for staying in the U.S. For example, the immigrant may have allegedly overstayed their visa. Or, they may have been caught up in an immigration raid at work. The authorities may have denied their asylum application. Or, they may have encountered law enforcement for other reasons, which then exposed their undocumented status. Whatever the reason for your detention, there may be legal recourse available.
The detention process: Detained immigrants face a series of legal proceedings to determine their immigration status and whether they should be released or deported. These proceedings are often complex and prolonged, involving multiple stages of appeal.

When the government initially detains you, there will be a bond hearing. Getting bond means you will be released while your case or cases are being resolved. If you do not get bond, the government will detain you while your case is being resolved. Therefore, it is essential to have a good attorney to represent you at the bond hearing.

Even if you do not get bond, you may still have legal options available. As you can read below, our immigration detention lawyers can often still intervene.

We can try to get you out. We can challenge the case against you. We can challenge the conditions at the detention facility. We can assert your rights.

The Impact On Families

The impact of immigration detention extends beyond the individual detainees. It profoundly affects their families, as well:

Emotional and financial stress: When someone is suddenly detained, it is not just an emotional upset for their family. They may be left without a primary wage earner and/or caregiver. At the same time, they face new stresses because of the immigration case or criminal charges. We try to keep your family informed and reduce the stress they are facing.
Support resources are available: Various community groups, nonprofits and other organizations offer support to families affected by immigration detention. These groups provide emotional counseling and sometimes financial assistance or advocacy to help people in detention and their families. We can help you connect with these resources.

At Garcia & Qayum Law Group, P.A., we understand the effect of immigration detention on the whole family. Our legal advocacy is meant to provide concrete help.

ICE Holds

A U.S. Immigration and Customs Enforcement (“ICE”) hold, also known as an immigration detainer, is one tool of the Department of Homeland Security. ICE uses these to instruct a local law enforcement agency not to release someone who is in their custody because ICE suspects them of immigration law violations.

We fight to end ICE holds because they:

Affect your liberty: An ICE hold could extend your jail sentence without immediate recourse, significantly impacting your freedom.
Require a legal response: An ICE hold is often the reason our legal team becomes involved in a case. We will act swiftly to address these holds and may be able to prevent prolonged and potentially unlawful detention.

Not everyone who gets put on ICE hold legally deserves that hold.

Many people on ICE holds are legal immigrants who are facing criminal charges that would not necessarily lead to their deportation. Or, they may face criminal charges that could lead to deportation, but they have not been proven guilty. Others have legitimate defenses to deportation, but the government detains them anyway.

Our Miami immigration detention lawyers know how terrifying it can be to be on an ICE hold, and we are here to fight for your rights.

Immigration Detention Centers In Florida

Florida hosts several significant immigration detention centers. Here in South Florida, the ones we usually deal with are the Krome Service Processing Center in Miami and the Broward Transitional Center (BTC) in Pompano Beach:

Facility conditions: We believe that understanding the specific conditions, rules and operational procedures at each facility is crucial for effective client advocacy.
Advocacy: In addition to fighting to get people out of detention, we try to ensure fair treatment and access to necessary services for detainees. Advocating for improved conditions and adherence to existing legal standards is essential for maintaining detainees’ dignity and health.

We are familiar with these facilities and can help you and your family deal with them more effectively.

Visitation At Krome And The Broward Transitional Center (BTC)

Maintaining family connections during detention is critical for the mental well-being of detainees.

Moral support: Regular visits provide essential emotional support to detainees. It helps sustain their spirits and maintains vital family bonds.
Visitation policies: Be aware that each facility enforces specific visitation rules. These generally restrict visit times, the number of visitors allowed and the items that can be brought or sent to detainees. There are also dress codes in place at each facility.

Krome, for example, must preapprove your visit at least two days in advance. You must also provide a valid, government-issued photo ID when you arrive. Visits are limited to one hour.

The BTC requires all visitors to be on the detainee’s approved visitor list. You must bring a valid, government-issued photo ID. Visitation is limited and the BTC grants it on a first-come, first-served basis.

Before visiting a detained immigrant, you should review the facility’s website for additional rules about visitation.

Fighting For Decent Conditions In Immigrant Detention Centers

The conditions within detention centers can vary widely. However, they often fall short of legal standards. When they do, Garcia & Qayum Law Group, P.A., can step in:

Advocacy for standards: We work to ensure facilities meet legal standards that are in place to respect human rights and ensure humane treatment.
Addressing violations: When facilities violate immigrant detainees’ rights, we take the necessary legal actions to address the issue. Our goal is not only to improve conditions for our individual clients, but also to effect broader changes that benefit all detainees.

People held in U.S. detention facilities do have legal rights. We fight to uphold those rights.

Access To Medical Care In Immigration Detention

Adequate health care is a significant concern within detention centers, as well.

Health care challenges: Detainees often have trouble accessing appropriate medical care. This can exacerbate existing health issues or lead to new ones.
Legal advocacy: Our firm advocates vigorously for proper health care in detention facilities. We intervene in individual cases when we see medical neglect, and we work toward systemic changes that ensure better medical care for all detainees.

We know that adequate health care is a critical component of immigration detention defense. We will fight for it.

The Legal Rights Of Detainees

People in immigration detention have certain fundamental rights under U.S. law, regardless of their immigration status:

The right to a lawyer: You have the right to a lawyer, which is crucial for handling the complex legal proceedings you will face.
The right to a hearing: Every detainee has the right to a hearing before an immigration official, which is meant to ensure due process.
The right to communicate with your family: U.S. law specifically protects your right to communicate with your family.

Don’t let anyone tell you that a detained immigrant has no rights. At our firm, we fight to uphold them.

Challenging Detention

It is possible to challenge immigration detention. In some cases, the government may not have a valid reason to detain you at all. In others, we may be able to fight the government’s case against you. Our legal strategy will depend on the specifics of your case. We may file:

A habeas corpus petition: These petitions are a legal tool used to challenge the legality of a person’s detention. They question whether the government has a valid legal reason to detain you. They force the government to prove its case against you.
A motion to reopen an old case: If your immigration detention is because of an old criminal conviction or a previous immigration case, we can investigate whether that old case was handled properly. If we can show it was not, that could potentially alter the outcome of your existing case. It might mean your release.

Whether the government has accused you of a crime, you have been living in the U.S. undocumented or you have another immigration problem, we are here to fight your detention and protect your rights.

Deportation Defense

We defend people against deportation using legal strategies that are tailored to each case. For example, we might:

Establish your lawful status: If the government is detaining you despite the fact that you have a valid visa or green card, we can establish this before the court. This generally means release from detention.
Adjust your immigration status: We will determine if qualify for a lawful status in a way you may not have considered, such as asylum. If so, adjusting your immigration status might prevent deportation.
Contest the government’s case for your deportation: You could qualify for relief from deportation and removal. We will meticulously analyze each case to identify any errors by the government. If the government’s case for deportation is flawed, we can challenge it effectively in court.

We will take your side and fight back against deportation and removal from the U.S.

Asylum And Refugee Claims

If the U.S. government is detaining you or a loved one, understanding asylum and refugee claims is important. Making a successful asylum claim could result in your release from detention. It could also mean permanent, lawful residence in the U.S.

Asylum is sometimes available even to people who have previously been deported.

The attorneys of Garcia & Qayum Law Group, P.A., are here to guide you through the process of applying for asylum or refugee status.

Asylum and refugee status are two forms of protection available to people who face persecution in their home countries. That persecution could be because of your race, religion, nationality, political opinions or membership in a particular social group.

If the government has you in detention in a U.S. facility, you may have the right to ask for asylum. (To apply for refugee status, you would need to be outside the U.S.) If you fear persecution if returned to your home country, seeking asylum in the U.S. could be a vital step to protect your safety.

The Process Of Asking For Asylum

The process begins with filing an asylum petition with U.S. Citizenship and Immigration Services (USCIS). You must do this within one year of your arrival in the United States. It is important to provide details and, if possible, documentation supporting your claim. Our experienced attorneys can listen to your story and help you present your case effectively.

Once we file your asylum petition, you will typically undergo an interview with an immigration officer. This interview determines whether you meet the criteria for asylum. If you are already detained, special procedures generally apply. Our lawyers know what they are and understand how to comply with them. Remember, timing is critical in these cases.

Credible Fear And Reasonable Fear Interviews

People applying for asylum or refugee status in the U.S. must undergo a “credible fear” or a “reasonable fear” interview.

This interview is a critical step in the asylum or refugee process under U.S. law. Its goal is to assess whether your fear of persecution in your home country is legitimate and, if so, whether the U.S. government should grant you asylum/refugee status.

This interview is extremely important: The outcome of this interview determines whether you can proceed to a full asylum/refugee status hearing or whether you will face immediate deportation and removal.
Preparation and advocacy: Our law firm provides comprehensive preparation for these interviews, helping applicants understand the legal criteria and effectively articulate their fears and experiences.

Our experienced attorneys can help you convey your story compellingly, which could improve the likelihood of a successful outcome.

Bond Hearings

A bond hearing is a crucial proceeding for detainees and potential detainees. It determines whether you can be released from detention while your immigration case (or criminal case) moves forward. A judge will decide whether to release you or hold you in detention until that time. You have the right to have a lawyer at this hearing.

Important factors: The judge will consider your community ties, any criminal history. and whether you are flight risk or a potential danger to the community. Demonstrating strong family support, stable employment and community involvement can help you get bond.
The impact of legal representation: Our attorneys will try to present robust evidence and persuasive arguments that highlight the good reasons for granting you bond. We generally try to emphasize factors like community integration and lack of criminal intent.

Your bond hearing is critical. Be sure to call a lawyer as soon as possible.

Where To Find Legal Assistance

Securing competent legal representation is so important, especially if you or a loved one is detained. You may consider:

Pro bono and low-cost services: Some nonprofits and legal aid organizations offer pro bono (free) or low-cost services to immigrants. These resources are particularly valuable for detainees who struggle to pay legal fees.
Private immigration detention lawyers: Law firms like ours may focus entirely on immigration law and may have knowledge of how to handle complex cases involving detention and/or criminal charges. A deep understanding of immigration regulations and courtroom strategies could provide significant advantages compared to trying to handle your case alone.
Researching your options: It’s essential to research attorneys and find one who has experience with immigration law and detention cases. Evaluate their credentials, client reviews and track record of success can provide insight into their effectiveness.

Not all immigration law firms handle immigration detention or criminal defense. We do.

Contact Us Now For A Consultation

People in immigration detention have rights, including the right to an attorney. Contact Garcia & Qayum Law Group, P.A., today by phone at 305-676-0048 or email us today to discuss how we can help you or your loved one.

Remember, seeking legal advice promptly can make a significant difference in your case. Do not give up hope.