When the immigration laws were changed in 1996, a system of
mandatory detention for certain immigrants was developed. Currently, most
immigrants, including legal permanent residents, who have been convicted of
criminal conduct (even misdemeanors) can be subject to mandatory detention.
Mandatory detention means that after a non-citizen is released from prison or
jail after having served his or her sentence they can be detained by
Immigration and Customs Enforcement (ICE) if the conviction falls within a
certain category of offenses that render the person removable or deportable
from the United States. Once detained, there will be no right to a bond
determination or hearing like there is in criminal court.
A person;
however, who has been subjected to mandatory detention may be able to request a
hearing before the Immigration Judge which is called a Joseph Hearing. In this
hearing, the attorney will argue that the criminal conviction does not fall
under one of the grounds of deportability or removability that result in
mandatory detention.
Although mandatory detention seems to violate the
norms of the U.S. Constitution, it has often been the case that the treatment
of immigrants by the Federal government has not been required to conform to the
constitutional standards as applied to U.S. citizens. The concept of arresting
a person and holding them in a detention facility for an indefinite period of
time, even though they have already served jail or prison time for the original
conviction seems to be a clear due process or cruel and unusual punishment
violation. Since the United States Supreme Court and the Federal government
have refused to find that either of those violations exists; however, a Joseph
Hearing remains the only viable option for relief from mandatory detention.
ANTONIO G. REVILLA III is a
"Former US Immigration Prosecutor " Immigration
Lawyer Miami, Deportation Defense
The Miami immigration lawyers
at Revilla Law Firm, P.A., in Miami, Florida, represent clients throughout the
state of Florida, including Aventura, Boca Raton, Bradenton, Clearwater, Coral
Gables, Coral Springs, Fort Lauderdale, Fort Myers, Fort Pierce, Hialeah,
Hollywood, Key West, Lake Worth, Melbourne, Miami, Miami Beach, Naples,
Orlando, Palm Beach, Palm Springs, Pompano Beach, Sarasota, St. Petersburg,
Sebring, Tampa, Titusville, Vero Beach, and Brevard County, Broward County,
Collier County, Highlands County, Hillsborough County, Indian River County, Lee
County, Manatee County, Martin County, Miami-Dade County, Monroe County, Orange
County, Palm Beach County, Pinellas County, St. Lucie County, and including the
Lake Okeechobee area, FL.
The hiring of a lawyer is an important
decision that should not be based solely upon advertisement. Before you decide,
ask the attorney to send you free, written information about qualifications and
experience.
