Understanding "What Does Immigration Hold Mean?" - A Comprehensive Guide to ICE Detainers
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Understanding "What Does Immigration Hold Mean?" - A Comprehensive Guide to ICE Detainers
Alright, let's talk about "immigration holds." If you've ever found yourself or a loved one tangled in the immigration system, or even just heard whispers of it on the news, this term probably rings a bell. But what does it really mean? It sounds ominous, doesn't it? Like a giant, invisible hand reaching out from the federal government to grab someone from local custody. And in many ways, that's exactly what it is. It's a complex, often misunderstood, and deeply impactful mechanism within the U.S. immigration enforcement landscape that touches countless lives, families, and communities. As someone who’s seen the intricacies of this system up close, let me tell you, it's far more than just a bureaucratic term; it’s a pivotal point that can determine someone’s future in this country. We’re going to peel back every layer, examine every angle, and leave no stone unturned in understanding this critical piece of immigration enforcement.
The Core Concept: Defining an Immigration Hold
When we talk about an immigration hold, we're delving into a specific, powerful tool utilized by federal immigration authorities. It's not just a casual note or a friendly reminder. This is a formal request, a legal maneuver designed to bridge the gap between local law enforcement and federal immigration enforcement. Imagine a scenario where someone is arrested for a minor traffic infraction or a more serious local crime. They're processed, booked, and might otherwise be released on bail or after serving a short sentence. But then, bam. An immigration hold enters the picture, changing the entire trajectory of their detention. This is where the federal government steps in, asserting its interest in an individual who, for various reasons, they believe may be subject to immigration enforcement.
What is an Immigration Hold?
At its heart, an immigration hold, formally known as an "immigration detainer" or "ICE detainer," is a written request from U.S. Immigration and Customs Enforcement (ICE) to a local, state, or federal law enforcement agency (LEA). This request asks the LEA to maintain custody of an individual for an additional period, typically up to 48 hours (excluding weekends and holidays), after that individual would otherwise be released from their local custody. Why? So that ICE has enough time to take that person into federal immigration custody. It’s a mechanism designed to prevent the release of individuals who are suspected of being deportable non-citizens, giving ICE a window to pick them up before they re-enter the general population.
Think of it this way: the local jail has finished its business with someone. Maybe their charges were dropped, they posted bail, or they completed their sentence. Normally, they'd walk free. But an ICE detainer acts like a freeze-frame button, pausing that release. It's an administrative tool, not a criminal one, and that distinction is absolutely crucial, as we'll explore. The local agency is being asked to act as a temporary holding facility for federal immigration purposes, extending someone’s detention beyond what local law would require. This extension is what often sparks intense legal and ethical debates, particularly concerning the authority of local agencies to comply with such requests.
The implications of this simple "request" are anything but simple. For the individual, it means continued detention, often in a facility they expected to leave, and the sudden realization that their freedom is now contingent on a different set of laws and authorities. It’s a moment of profound uncertainty and often, fear. For the local law enforcement agency, it presents a dilemma: cooperate with federal authorities or adhere strictly to local policies and constitutional principles that might dictate immediate release. This tension is at the core of many of the controversies surrounding immigration holds.
Who Issues Immigration Holds?
The primary agency responsible for issuing these immigration holds is U.S. Immigration and Customs Enforcement (ICE). Specifically, it’s a component of the Department of Homeland Security (DHS). ICE agents and officers are the ones who, upon identifying an individual in local custody as a potential target for immigration enforcement, will issue the detainer request to the local jail or detention facility. It's not the FBI, it's not the local police chief making this call; it's explicitly ICE. They operate under a broad mandate to enforce federal immigration laws, including identifying, apprehending, and removing non-citizens who are deemed deportable.
This means that while local law enforcement agencies are the recipients of these requests, they are not the issuers. This distinction is vital because it highlights the federal nature of immigration enforcement. Local police departments, sheriff's offices, and state correctional facilities are essentially being asked to assist a federal agency in its mission. This collaborative (or sometimes contentious) relationship forms the backbone of how immigration holds function on the ground. When an individual is booked into a local facility, their information is often run through various databases, and if something flags them as a non-citizen who might have an immigration history or a potential violation, ICE can then step in.
It's also important to understand that while ICE is the primary issuer, different branches within ICE might be involved depending on the context. For instance, Enforcement and Removal Operations (ERO) is the arm of ICE specifically tasked with identifying and apprehending removable non-citizens, and it’s typically ERO officers who initiate detainer requests. They are the ones who assess the immigration status of individuals in custody and make the determination that an immigration hold is warranted. This process is often streamlined through inter-agency agreements and technological interfaces, making the transfer of information fairly efficient, though not always without legal challenges.
The Purpose Behind an Immigration Hold
The main goal, the driving force behind an immigration hold, is quite straightforward: to facilitate the transfer of an individual from local or state custody into federal immigration custody. This transfer is not an end in itself; rather, it’s the crucial first step toward initiating potential deportation or "removal" proceedings. When ICE issues a detainer, they are essentially saying, "Hold onto this person; we believe they are subject to removal from the United States, and we intend to pick them up." Without this mechanism, many individuals who are released from local custody would simply disappear into their communities, making it significantly harder for ICE to locate and apprehend them for immigration enforcement purposes.
I remember once speaking with a former ICE officer who described detainers as "fishing nets." He said, "Local jails are like ponds where we know some of our fish might be swimming. The detainer is our net to make sure they don't swim away before we can get to them." While a blunt analogy, it vividly illustrates the intent. The federal government views these holds as an indispensable tool for maintaining the integrity of immigration laws and ensuring that individuals who are deemed deportable can be brought before an immigration judge. It's about continuity of custody and streamlining the enforcement process, preventing what they see as "revolving door" scenarios where individuals are released locally only to become harder to find for federal action.
This purpose underscores the civil nature of immigration enforcement. While an individual might be held in a facility designed for criminal offenders, the immigration hold itself is tied to administrative immigration law, not criminal law. The goal is to bring the person into the federal immigration system to determine their immigration status and, if applicable, to carry out a removal order. It's a critical bridge between two distinct legal systems: the criminal justice system, which deals with offenses against local and state laws, and the civil immigration system, which deals with an individual's right to be present in the country. This interplay, and often the collision, of these two systems is precisely what makes immigration holds such a contentious and legally complex issue.
How an Immigration Hold is Initiated and Processed
Understanding the "what" is one thing, but knowing the "how" is where the rubber meets the road. How does a regular arrest suddenly morph into an immigration hold? It's not always a random occurrence; there are specific triggers and established information-sharing processes that set this whole machinery in motion. It's a system designed to be efficient, but its efficiency often comes at the cost of individual liberty and due process, sparking debates from county courthouses to the Supreme Court.
Common Triggers for an Immigration Hold
Immigration holds don't just appear out of thin air; they are usually activated by specific events or circumstances. The most common trigger, by far, is an arrest for a criminal offense, even minor ones. Let's say someone is pulled over for a broken taillight, and during the stop, it escalates to an arrest for driving without a license or perhaps a small amount of marijuana. When they are booked into the local jail, their personal information (name, date of birth, fingerprints) is entered into various databases. It’s during this routine booking process that their immigration status might be flagged.
However, an arrest isn't the only trigger. Sometimes, an individual might already be in custody for a previous immigration violation, and a new detainer is placed to ensure continuity of their detention as their case progresses. Or, perhaps they are serving a sentence for a criminal conviction, and as their release date approaches, an immigration hold is issued to ensure they transition directly into ICE custody rather than being released back into the community. It's a proactive measure by ICE to prevent individuals they deem deportable from slipping through the cracks of the criminal justice system. The system is designed to catch individuals at various points of contact with law enforcement, making it difficult for those without legal status to avoid detection once they enter the custody pipeline.
Pro-Tip: Don't Assume Minor Offenses are Safe
Many people mistakenly believe that only serious felonies trigger immigration holds. This is absolutely not true. Even minor infractions like traffic violations, shoplifting, or disorderly conduct can lead to an arrest and, subsequently, an ICE detainer if you are a non-citizen, especially if you have a prior immigration history or are undocumented. Any contact with law enforcement, no matter how small, can open the door to federal immigration scrutiny.
The Information Sharing Process
So, how does ICE even know someone is in local custody? This is where information sharing comes into play, a critical and often controversial aspect of the detainer process. When an individual is arrested and booked into a local jail, their fingerprints and biographical data are typically sent to the FBI for criminal background checks. This information is then often shared with the Department of Homeland Security (DHS), which oversees ICE. Through various programs and databases, DHS can cross-reference this data with its own immigration records.
One of the most significant programs facilitating this information sharing has been the Secure Communities program, and its successor, the Priority Enforcement Program (PEP). These initiatives were designed to enhance cooperation between federal immigration authorities and local law enforcement. Under these programs, when fingerprints are submitted to the FBI, they are simultaneously checked against DHS immigration databases. If a match is found, indicating a potential non-citizen with a deportable offense or an undocumented status, an alert is sent to ICE. This alert then prompts an ICE officer to investigate further and, if warranted, issue an immigration detainer. This automated and often seamless data flow is what makes the system so effective from an enforcement perspective, but it also raises significant privacy concerns and questions about local police involvement in federal immigration matters.
The Role of Immigration Databases
The backbone of this information-sharing process lies in sophisticated immigration databases. Two prominent examples are IDENT (Automated Biometric Identification System) and TECS (Treasury Enforcement Communications System). IDENT is a massive repository of biometric data, primarily fingerprints, photographs, and other identifying information collected from individuals encountered by immigration authorities, border patrol, and even some visa applicants. When local law enforcement submits fingerprints during booking, these are often compared against IDENT.
If an individual's fingerprints match those in IDENT, it can reveal their immigration history – perhaps a previous deportation, an asylum application, a visa overstay, or even just a record of being encountered at the border. TECS, on the other hand, is a broader law enforcement database used by various federal agencies for screening and information sharing. Both systems allow ICE to quickly identify individuals in local custody who may have a history that makes them amenable to immigration enforcement. These databases are incredibly powerful tools, enabling ICE to cast a wide net and identify individuals who might otherwise remain undetected within the criminal justice system. They act as digital watchdogs, constantly cross-referencing new arrests with existing federal immigration records, making it extremely difficult for non-citizens with a prior immigration footprint to avoid scrutiny once they enter the justice system.
Legal Framework, Authority, and Challenges
This is where things get really intricate, folks. An immigration hold isn't just a simple request; it's a legal instrument operating within a complex and often contested framework. Understanding its legal basis, and the challenges it faces, is crucial to grasping its true power and its inherent vulnerabilities. It’s a battleground where federal authority clashes with constitutional rights and local sovereignty.
Statutory Basis for Immigration Holds
ICE cites its authority to issue detainers primarily from the Immigration and Nationality Act (INA), specifically 8 U.S.C. § 1357. This section generally grants immigration officers the power to interrogate, search, and arrest non-citizens who are believed to be in violation of immigration laws. While the INA doesn't explicitly use the term "detainer" or "hold," ICE interprets its broad enforcement powers, coupled with regulations found in 8 C.F.R. § 287.7, as providing the necessary legal foundation. These regulations outline the procedures for issuing detainers, stating that an immigration officer "may issue a detainer" when there is reason to believe an individual is a non-citizen subject to removal.
The argument from ICE is that these provisions, taken together, imply the authority to request that local agencies hold individuals while their immigration status is investigated. They view detainers as an essential tool for effective immigration enforcement, arguing that without them, their ability to apprehend deportable non-citizens would be severely hampered. This interpretation posits that the federal government has paramount authority over immigration matters, and local agencies should cooperate in fulfilling this federal mandate. The federal government's position is that these detainers are merely administrative requests, not mandates for local agencies to enforce federal law, but rather to assist in its enforcement by holding individuals for a short period. This distinction is subtle but critical in the ongoing legal battles.
Constitutional Challenges and Debates
Despite ICE's claims of statutory authority, immigration holds have faced significant constitutional challenges, primarily under the Fourth and Fourteenth Amendments. The Fourth Amendment protects against unreasonable searches and seizures and requires probable cause for arrests. Critics argue that an ICE detainer, which requests extended detention, often lacks the judicial probable cause determination that typically accompanies a criminal arrest warrant. Instead, detainers are often based on an administrative finding by an ICE officer, which some courts have found insufficient to justify continued detention under the Fourth Amendment. This is a huge deal, folks. It means a person could be held without a judge ever reviewing the basis for their immigration detention.
Furthermore, the Fourteenth Amendment's Due Process Clause guarantees that no state shall "deprive any person of life, liberty, or property, without due process of law." Opponents of detainers argue that holding individuals solely on an administrative request, without a judicial warrant or a bond hearing, violates their due process rights. This is especially true when individuals are held beyond the point they would otherwise be released from local custody, often for days, without seeing an immigration judge or having a chance to argue their case. These constitutional arguments have led to numerous lawsuits against local jurisdictions that cooperate with ICE detainers, with some courts ruling that such cooperation can expose local agencies to liability for false imprisonment. The debates often center on whether local police are essentially becoming de facto immigration agents, a role that many argue is beyond their jurisdiction and resources.
Detainer vs. Warrant: Understanding the Key Difference
This is perhaps the most critical distinction to grasp: an ICE detainer is a request, not a judicial warrant. Let me say that again, because it's a game-changer in how these holds are legally perceived and acted upon. A criminal arrest warrant is issued by a judge or magistrate, based on a finding of probable cause that a person has committed a crime. It orders law enforcement to arrest and detain that individual. It carries the full weight of judicial authority.
An ICE detainer, however, is an administrative request issued by an immigration officer. It is not reviewed or signed by a judge. It does not carry the same legal weight as a judicial warrant. While ICE can obtain an administrative immigration warrant, these are distinct from detainers and are also not judicial warrants. This difference is fundamental because it affects the legal obligation of local law enforcement agencies. Many jurisdictions and legal scholars argue that because detainers are merely requests and lack judicial authorization, local agencies are not legally obligated to comply with them. In fact, complying with a non-judicial detainer and holding someone beyond their local release date could expose a local agency to civil liability for violating an individual's Fourth Amendment rights. This distinction is at the heart of the "sanctuary" movement and the ongoing legal battles over local cooperation with federal immigration enforcement. It's the difference between a polite invitation and a court order, and ignoring that difference can have profound consequences for both the individual and the cooperating agency.
Impact on Individuals and Their Rights
When an immigration hold is placed, it’s not just a piece of paper moving through a system; it’s a seismic event in an individual’s life. The impact is immediate, profound, and often devastating, reaching far beyond the person detained to their families and communities. It's where the abstract legal concepts become very, very real.
Immediate Consequences for Detained Individuals
The immediate consequences of an immigration hold are stark and terrifying for the individual. First and foremost, it means prolonged detention. Instead of being released after posting bail or completing a short sentence for a local charge, they remain in custody. This extended detention is often in the same local jail, but with a different purpose – now they are being held for ICE. This can lead to significant psychological distress, as the person’s hope for release is suddenly dashed, replaced by uncertainty and fear about their future.
After this initial holding period, if ICE decides to take custody, the individual is transferred from the local facility to an ICE detention center. These centers are typically federal facilities, often located far from their homes, families, and legal support networks. The conditions in ICE detention centers can vary widely, but they are generally designed for security, not rehabilitation, and can be harsh. This transfer often means immediate separation from family, sometimes without even a chance to say goodbye or make arrangements. Children are left without parents, spouses without partners, and communities lose a member. The emotional toll is immense, and the practical challenges of navigating a new, federal detention system, often in a different state, are overwhelming.
Insider Note: The "48-Hour Rule" is Often Misunderstood
While ICE detainers request a hold for "up to 48 hours (excluding weekends and holidays)," this doesn't mean the individual will be released if ICE doesn't pick them up within that timeframe. If the local agency chooses to comply, they hold the person for 48 hours. If ICE does pick them up, the 48-hour clock essentially resets, and the individual is now in federal immigration custody, where they can be held indefinitely during removal proceedings, often without a bond hearing for extended periods. The 48-hour rule applies only to the local agency's obligation to hold the person.
Rights of Individuals Under an Immigration Hold
Even under an immigration hold, individuals retain certain constitutional and statutory rights, though navigating them can be incredibly challenging from within detention. These rights include:
- Right to an Attorney: This is paramount. Individuals have the right to legal representation in immigration proceedings, although, unlike in criminal cases, the government is generally not obligated to provide one if the individual cannot afford it. However, they have the right to seek and retain counsel.
- Right to Due Process: This includes the right to a fair hearing before an immigration judge to determine their removability and eligibility for relief from deportation.
- Right to a Bond Hearing (in most cases): Many individuals in immigration detention are eligible to request a bond hearing before an immigration judge, where they can argue for release on payment of a bond. However, certain categories of individuals, particularly those with serious criminal convictions or specific immigration violations, may be subject to mandatory detention without bond.
- Right to Seek Relief from Removal: Depending on their individual circumstances, individuals may be eligible to apply for various forms of relief, such as asylum, withholding of removal, cancellation of removal, or adjustment of status.
- Right to Remain Silent: Individuals have the right to refuse to answer questions about their immigration status, country of origin, or how they entered the U.S.
- Right to Know the Basis of Their Detention: They should be provided with a Notice to Appear (NTA) and an immigration detainer form, outlining the reasons for their detention and the charges against them.
The Path Forward: After an Immigration Hold is Placed
Once an immigration hold is placed and ICE takes custody, the individual is officially entered into the federal immigration enforcement system. This is where the formal removal proceedings begin. The first major step is typically the issuance of a Notice to Appear (NTA). The NTA is the charging document in immigration court. It specifies the factual allegations against the individual (e.g., they are not a U.S. citizen, they entered without inspection, they overstayed a visa) and the legal charges of removability (e.g., inadmissibility or deportability). This document is the official commencement of their journey through immigration court.
After receiving the NTA, the individual will have an initial hearing, often called a master calendar hearing, before an immigration judge. Here, they will acknowledge the charges, state whether they admit or deny the allegations, and inform the court if they intend to seek legal representation or apply for any forms of relief from removal. Subsequent hearings, known as individual hearings, will delve into the merits of their case, where evidence is presented, witnesses may testify, and the judge makes a final determination on removability and eligibility for relief. This entire process can be incredibly lengthy, often taking months or even years, during which the individual may remain in detention or, if granted, be released on bond. The immigration hold, therefore, isn't the end of the story; it's merely the gateway to a long and arduous legal battle for the right to remain in the United States.
Common Misconceptions & Myths About Immigration Holds
The world of immigration law is rife with misunderstandings, and immigration holds are no exception. These myths can lead to confusion, fear, and even bad decisions. As an expert who's seen these misconceptions play out, I can tell you that clarity here is not just academic; it's vital for anyone potentially affected.
Myth 1: An Immigration Hold is a Criminal Charge
This is probably the most pervasive and dangerous myth out there. Let's be unequivocally clear: an immigration hold is an administrative civil process, entirely separate from criminal charges. When someone is arrested for a local crime – say, shoplifting – that's a criminal charge. If an ICE detainer is placed, it means ICE is interested in them for immigration violations, such as being undocumented or violating the terms of their visa. These are civil infractions under immigration law, not criminal offenses.
The distinction is critical. A criminal conviction can lead to jail time, fines, and a criminal record. An immigration hold, and subsequent removal proceedings, can lead to deportation, a ban from re-entering the U.S., and family separation. While a criminal conviction can trigger an immigration hold and make someone deportable, the hold itself is not a criminal charge. You could be acquitted of all criminal charges, and the immigration hold would still stand because it's based on your immigration status, not the outcome of your criminal case. This often leaves people feeling trapped in a system that doesn't seem to care about their innocence in the criminal realm. It's a stark reminder that two different legal systems are at play, each with its own rules and consequences.
Myth 2: All Non-Citizens in Custody Receive Holds
Another common misconception is that if you're a non-citizen and you end up in local custody, an ICE detainer is an automatic, unavoidable consequence. This is simply not true. While ICE casts a wide net, specific criteria and discretionary factors determine whether a hold is issued. ICE has enforcement priorities, meaning they focus their resources on individuals who pose a perceived threat to national security, public safety, or border security. This includes individuals with serious criminal convictions, gang affiliations, or those who have recently crossed the border illegally.
While even minor offenses can trigger a detainer, it's not a universal rule for every non-citizen. Discretion is often exercised. For example, a lawful permanent resident (green card holder) arrested for a very minor traffic offense, with no prior immigration history, might be less likely to have a detainer placed than an undocumented individual with a prior deportation order, even if both commit the same minor offense. Policies can also change with different presidential administrations, shifting enforcement priorities. So, while contact with law enforcement always carries risk for non-citizens, it's not a guaranteed path to an ICE detainer. It's a nuanced process influenced by policy, resources, and individual circumstances.
Myth 3: Immigration Holds Are Always Mandatory for Local Agencies
This myth is perhaps the most politically charged and legally contested. Many people believe that local law enforcement agencies are legally compelled to honor every ICE detainer request. This is incorrect. As discussed earlier, an ICE detainer is a request, not a judicial warrant. Numerous federal court rulings have affirmed that local agencies are generally not legally required to comply with these administrative requests, especially if doing so would violate state or local laws or constitutional rights.
This is precisely where the concept of "sanctuary" jurisdictions comes into play. Many cities, counties, and even some states have adopted policies that limit or refuse cooperation with ICE detainers, arguing that holding individuals without a judicial warrant raises Fourth Amendment concerns and exposes them to liability. They also argue that such cooperation erodes trust between immigrant communities and local police, making it harder to solve local crimes. While federal law requires local governments to provide information about the citizenship or immigration status of individuals to federal authorities, it does not mandate that they hold individuals beyond the point when they would otherwise be released. The decision to comply with an ICE detainer is largely discretionary for local agencies, leading to a patchwork of policies across the country.
Advanced Insights & Insider Strategies
Now we’re moving beyond the basics and into the nitty-gritty, the stuff that really makes a difference on the ground. This is where experience and a deep understanding of the system come into play, offering strategies and insights that can genuinely impact outcomes.
Navigating "Sanctuary" Jurisdictions and Their Policies
The landscape of "sanctuary" jurisdictions is one of the most dynamic and often confusing aspects of immigration enforcement. These are localities that have adopted policies designed to limit their cooperation with federal immigration authorities, particularly concerning ICE detainers. They often do so by refusing to honor detainer requests unless accompanied by a judicial warrant, or by declining to use local resources to enforce federal immigration law. This isn't a uniform policy across the board; "sanctuary" can mean different things in different places. Some jurisdictions might simply refuse to hold individuals past their release date without a warrant, while others might go further by prohibiting local law enforcement from asking about immigration status or sharing information with ICE.
For individuals, being in a sanctuary jurisdiction can offer a degree of protection from immigration holds. If local law enforcement adheres to a strict "no detainer without a judicial warrant" policy, a non-citizen arrested for a local offense might be released once their local matter is resolved, rather than being transferred to ICE. However, it’s crucial to understand that "sanctuary" policies do not prevent ICE from operating within that jurisdiction. ICE agents can still conduct arrests in courthouses, homes, or workplaces. These policies simply limit the local agency's role in facilitating those arrests. Navigating these policies requires knowing your local laws and understanding the specific nuances of your jurisdiction's stance on immigration enforcement. It's a constantly evolving legal and political battleground, with federal and state governments often clashing over these local autonomy measures.
The Role of Prosecutorial Discretion in Immigration Cases
Prosecutorial discretion is a powerful, often overlooked, tool that can significantly influence the outcome of cases involving immigration holds. In the criminal justice system, prosecutors have the discretion to decide whether to bring charges, what charges to pursue, and whether to offer plea bargains. These decisions can have profound immigration consequences. For example, a prosecutor might choose to drop minor charges against a non-citizen, or offer a plea deal to a lesser offense that does not trigger deportability under the INA.
Let's consider a hypothetical: a non-citizen is arrested for a low-level felony that, if convicted, would make them automatically deportable. A sympathetic prosecutor, aware of the immigration consequences and perhaps recognizing mitigating circumstances, might offer a plea to a misdemeanor that does not carry such a severe immigration penalty. This exercise of discretion can literally be the difference between someone staying in the country with their family and facing deportation. It requires prosecutors to be knowledgeable about immigration law and to consider the collateral consequences of their criminal charging decisions. For defense attorneys, understanding how to advocate for prosecutorial discretion, by highlighting an individual's ties to the community, lack of prior record, or family responsibilities, is a vital strategy in mitigating the harsh impacts of immigration holds and potential removal.
Strategies for Challenging an Immigration Hold
Challenging an immigration hold is a complex endeavor, but it is absolutely possible and often necessary. This is where skilled legal counsel becomes indispensable. Here are some key strategies:
- Challenging the Basis for the Hold: An attorney can investigate whether ICE had sufficient reason to issue the detainer. Was the individual correctly identified? Is there a legitimate reason to believe they are a removable non-citizen? Sometimes, detainers are issued based on mistaken identity or incorrect information.
- Seeking Release on Bond: Once an individual is in ICE custody, their attorney can often request a bond hearing before an immigration judge. At this hearing, the attorney argues that the
