BobbyT | Indy Week

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Re: “287(g) program hits snags in Wake

The lawyers that represented him, were probably criminal defense lawyers, that know little or nothing about immigration detainers. If the jail officers are 287(g) fully trained and certified, they can make the legal determination under U.S. Immigration administrative law, if the person is an alien, and if the person is a deportable alien. The jail officers should have full access to the various immigration computer databases to assist them in the legal determination. If the person is deemed deportable, a Notice to Appear is prepared, by either the jail officers or ICE. The only requirement is to serve the Notice to Appear on the deportable alien, not his former criminal defense attorney. If the alien can retain a lawyer that practices immigration law, that lawyer can visit with hteir client at the jail, have them sign an ICE form that authorizes the lawyer to represent the alien in his brand new, not criminal, but administrative immigration law case. The lawyer files the document with ICE, and that lawyer can request a hearing on detention and/or bond issues, in the immigration court system. Initially, the question of detention and/or bond is made in accordance with agency guidelines, by an ICE manager. Often, but not always, aliens convicted on drug charges, come under the "aggravated felon" status, which is set out in the immigration law. These folks will be held in ICE custody, and that custody can be the same jail where the alien was for his criminal case. The difference being that ICE pays for encarceration, and transportation to court. Lawyers with an immigration law practice, do not like 287(g), nor do the ethnic communities or religious organizations. They have a tendency to protect illegal aliens, and turn a blind eye to the cost to the American government at all levels. It is very simple for a lawyer to twist and contort immigration related situations, because most Americans understand the criminal justice system, but not the immigration legal system.

Posted by BobbyT on 09/05/2008 at 1:26 PM

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