Unfortunately, a risk of getting caught by Immigration and Customs Enforcement ("ICE") officials is detention / custody. After you are taken into ICE custody the ICE officer will determine whether to release you on your own personal recognizance, release you after posting a bond of a certain amount or keep you in custody without setting a bond.
Bond can be set as low as $1,500 and as high as $10,000 or more. When determining whether to release you from custody ICE will take several factors into consideration, such as your length of time in the United States, your manner of entry, your criminal background, prior immigration violations, your ties to the United States, how many dependents you have and whether you are the sole caretaker and/or financial supporter of your family, your medical history and that of your immediate family members, likelihood that you will comply with the conditions of your release, likelihood that you will appear in Court as scheduled, and your eligibility for relief from deportation.
ICE officers will consider all of these factors and more, if they apply to your case. However, they cannot simply take your word for what you are claiming as a basis for your release. You have to produce the documentary evidence to prove that one of your children is sick and you are the sole caretaker of the family. Evidence which will be considered can consist of birth certificates, marriage certificates, medical records, employment records, applications for relief, receipt notice from USCIS showing that something has been filed for your benefit but that it is pending, tax returns, and letters from the community and/or your current and former employers.
When an attorney is hired to negotiate the terms of your release it is crucial that your attorney work quickly and efficiently. It is extremely important that whomever has contacted an attorney on your behalf is able to provide the attorney with as much information about you and your family as possible and that s/he is able to obtain the documentation requested by the attorney.
After negotiating the terms of your release with ICE bond may be set at an amount too high for either you and/or your family to post on your behalf or ICE may refuse to set bond at all. Your next step would then be to request a Bond Redetermination Hearing before the Immigration Judge.
When negotiating the terms of your release ,you need a competent and experienced attorney by your side. Presenting a strong case is difficult. Presenting a strong case while in custody is nearly impossible.
