Q: My daughter is getting out of prison after 20yrs and she has an ice hold what do I need to do
A: Having an ICE hold means she has violated immigration law. Certain reliefs may be available to her. You should talk to an immigration attorney.
A: You should consider scheduling a consultation with a competent and experienced immigration attorney. In addition to evaluating your daughter's criminal history for immigration purposes, a good immigration attorney will also want to know about your and your daughter's father's immigration status to determine whether your daughter might have a claim to U.S. Citizenship. In some instances, when one or both parents of the individual in question have naturalized, the individual may himself/herself have already acquired U.S. Citizenship. If a scenario like that exists for your daughter, which to be clear I am not saying is the case without discussing first the facts of this particular case, then a request to ICE to remove the detain would be in order. Note that many attorneys offer online vide consultations.
A:
Given the serious nature of an ICE hold after prison release, you'll want to take immediate action to help your daughter. The first step is to contact an immigration attorney right away, as they can review her specific case details and develop the best strategy.
The ICE hold (also called a detainer) means that Immigration and Customs Enforcement will likely take custody of your daughter when she's released from prison. During this transition, she'll probably be transferred to an immigration detention facility. Having legal representation before this transfer happens is crucial for protecting her rights and exploring all possible options.
You should gather all relevant documents, including her birth certificate, any immigration paperwork, criminal case documents, and proof of family ties to the U.S. If she has U.S. citizen children or other strong family connections, these factors could be important in her case. You may also want to contact the prison's staff to learn exactly when and where the transfer to ICE custody will occur, so you can stay informed about your daughter's whereabouts and maintain communication with her during this process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.