Can ICE pick you up if you’re already in removal? Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States at our office here in St. Louis, Missouri. We’ve been getting this question off and on for the last eight or nine months and it was asked again by [Meean 00:00:18] in our Tuesday, Thursday 12:00 pm to 1:00 pm central time ask me anything Facebook Live show and YouTube Live show. If you’re not joining us there, you should. We’re answering questions for a full hour, twice a week, for free, trying to help educate the American people and those who love immigrants, about immigration and about how the whole process works.
Meean wants to know, “If I’m already in removal. I’ve already received my Notice to Appear. Maybe I’ve had my first master calendar. Maybe I haven’t. Will ICE come and pick me up?” Immigration Customs Enforcement. If you’ve already been served the NTA, the Notice to Appear, which often comes in the mail, perhaps with a denied immigration benefit, usually ICE will not come pick you up. They certainly can, they certainly do and certainly if you have a criminal history or if they view you as some kind of priority for deportation then it’s very likely that they’ll come looking for you. But generally, if you’re already in removal and you’ve seen a judge or you’re waiting to see a judge, they’re not going to come get you again. They would have done that already. Now, if you get the referral notice, the Notice to Appear from USCIS, then there is a chance that ICE might come get you to try to make that process go faster.
We’ve also had scenarios where an individual was in removal, waiting for their final court date for their individual hearing and they got into some criminal trouble. We had this happen over the Christmas break, I think it was two years ago, for a fellow that I had been representing in deportation for a really long time. And in that scenario, he had gotten in trouble with his wife, fighting at the house, those kinds of things. And I think he had maybe a car charge… traffic stuff and it was just one thing after another and ICE came and locked him up. And we were able to get him released on a second bond, but he had to go in front of the judge again and explain what he had been up to and the judge was really on the fence as to whether or not to release him. Now, ultimately the judge did but sometimes ICE will do that just to shake you up and get your attention, but that’s rare.
So if you are facing removal or if you’ve received a Notice to Appear, or if ICE has come and gotten someone that you care about… Come and gotten. I don’t know if that’s proper English but if you have questions about any of this, give us a call, 314 961 8200. You can email us on [email protected] Be sure to join us in our Facebook group, which is called Immigrant Home and you like this video we ask that you to please share it out on social, that you subscribe to our YouTube channel, that you find us on Instagram at hackinglawpracticellc and that you can join us on Tuesdays and Thursdays from 12:00 to 1:00 and we’re answering your questions right there on camera. Thanks a lot. Have a great day.