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Catholic Legal Immigration network

Practitioner’s Guide Obtaining Release From Immigration Detention
By Rebecca Scholtz, Training and Legal Support Staff Attorney, and Michelle Mendez, Training and Legal Support Managing Attorney, CLINIC’s Defending Vulnerable Populations Project

Individuals are detained by DHS in a variety of circumstances. Some are apprehended soon after crossing the border without inspection, or after presenting themselves at a port of entry seeking asylum. Many are detained due to contact with a state or local criminal justice system. For example, an individual might be arrested for a traffic offense, booked into jail, and upon release from state or local custody be transferred into Immigration and Customs Enforcement (ICE) custody. The Trump administration has promoted increased state and local law enforcement cooperation with ICE through the use of such initiatives as “Secure Communities” and agreements under section 287(g) of the Immigration and Nationality Act(INA).

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