Immigration Bond in Oklahoma

Initial Arrest

In most cases, illegal immigrants or even permanent residents are usually arrested by local police officers. In these instances, the person will be taken to the local county jail; for example, if someone is arrested in Oklahoma City, they are usually taken to Oklahoma County Jail. Once the person is processed through the police system, the inmate must remain in jail until a bond is posted or an arraignment is held. However, in the cases of illegal immigrant and permanent residents, the local police department will contact Immigration and Customs Enforcement ("ICE") officers if the person is found to be illegally present in the United States or a permanent resident.

Once notified of a person's arrest, ICE will place an "immigration hold" on illegal immigrants or if a permanent resident has committed a deportable offense. Under 8 C.F.R. §287.7(d), "[u]pon a determination by the Department to issue a detainer for an alien not otherwise detained by a criminal justice agency, such agency shall maintain custody of the alien for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit assumption of custody by the Department." As such, once ICE places an immigration hold on a person, they must take custody of the person within 48 hours once the person is subject to release (for example, if a family member has posted bond or their case has been dismissed.

Many personnel in jail facilities are not aware of the 48 hour rule and will often keep individuals eligible for release beyond the 48 hour period. Often times, our office will have to contact the local jail facility or even file documents with the court ordering the release of certain inmates. Please contact our office at (405) 600-9910, if one of your loved ones are being held beyond the 48 hour period
If you are looking for affordable immigration attorneys to examine your immigration bond eligibility call us today at 405.600.9910. Free consultation available.

Immigration Processing

If an individual is picked up in ICE custody within the 48 hour period or directly by ICE officers, they are processed in the local immigration office in Oklahoma City. Once a person is processed, they are usually sent the David L Moss County Jail in Tulsa, Oklahoma. At this time, certain aliens will be eligible for an immigration bond. Most aliens are eligible for an immigration bond once they are in ICE custody. However, in some instances, ICE will not allow bonds for certain individuals and you will be forced to seek a bond from the immigration judge. Our lawyers will be able to negotiate a reasonable bond amount for your loved ones, so please feel free to contact us at (405) 600-9910 if you have a loved one current in ICE custody.

However, certain individuals are NOT eligible for an immigration bond. These persons are deemed subject to mandatory detention. In these cases, the Immigration Judge usually has no authority to set a bond for these individuals. Persons who are subject to mandatory detention include:

  1. Persons not lawfully admitted who have committed an offense covered under section 212(a)(2) of the INA (this includes crimes of moral turpitude, controlled substance violations, drug trafficking, prostitution,k trafficking in persons, money laundering, etc...)
  2. Persons lawfully admitted who have been convicted of multiple crimes involving moral turpitude, an aggravated felony, a drug crime (except for simple possession of small amounts of marijuana), certain firearm offenses, etc...)

In these cases, ICE has the power to release certain persons under the Intensive Supervision Appearance Program (ISAP) and the Electronic Monitoring Device (EMD) Program. This is usually granted to individuals who have custody of minor U.S. children with a low flight risk. If ICE grants you ISAP and EMD, you will be required to wear a ankle monitoring device at all times and check-in on a regular basis. If you are currently in the ISAP or EMD program, please be sure that you follow ICE's guidelines and check-in requirements. Failure to abide by the rules can lead to ICE terminating you under the ISAP program.

If you or a loved one are seeking an immigration bond or release under the ISAP, please schedule an appointment with our office by calling 405.600.9910.