Arrests in Georgia, Immigration, and ICE Holds/Detainers

For non-U.S.-Citizens being arrested in Georgia is very serious. Most will likely end up in Immigration Custody under what is known as an Immigration Customs and Enforcement (ICE) Hold/Detainer.

Generally, once someone is arrested for a criminal/traffic offense, local Georgia Courts will likely grant a Bond, and if paid before an ICE Hold is placed on the individual, that individual can be released. But, when ICE learns that the person is in jail, agents can request a Hold or Immigration Detainer. Immigration Holds give ICE time to respond to the allegations of criminal activity involving the individual. Once an ICE Hold is placed, the individual will be held for ICE to take custody.

ICE Holds are not criminal warrants. They do not require judge approval/review and, in Georgia, local law enforcement agencies are legally obligated to enforce the ICE Hold. That means a criminal case can be resolved but the individual is still transferred to ICE. However, how a criminal case/traffic violation is completed will affect the immigration case.

This creates a huge problem for non-citizens. Instead of going home after a bond hearing, a case dismissal or plea deal, they are facing deportation proceedings. Especially if they have had previous immigration proceedings, criminal convictions or have no legal Immigration Status.

Attorney Harold Garcia has been handling criminal cases for over 20 years and is fully versed in Immigration Consequences from Criminal/Traffic cases and ICE Holds/Detainers.