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US immigration law: Citizens often held in ICE custody

Dealing with any type of immigration issue can be difficult for people in California and elsewhere. It can be even more challenging to find a resolution to an issue if a person is working alone. Unfortunately, even citizens may find themselves at odds with or even detained by immigration authorities, which is a violation of U.S. immigration law.

The U.S. Immigration and Customs Enforcement does not have the jurisdiction to take U.S. citizens into custody and detain them. However, reports indicate that ICE agents commonly detain U.S. citizens. In fact, since 2012, over 1,400 citizens have been released from ICE custody. Officers are supposed to look into claims of U.S. citizenship, but those claims may not be looked at immediately, which could result in wrongful detainment.

One immigration attorney stated that it is difficult to obtain a release from ICE custody even for U.S. citizens. These individuals often need legal advocates who press the claims of citizenship so that ICE authorities will review the claims. If a detainee is found to have U.S. citizenship, he or she should be released from custody.

As this report indicates, even though a person should not be detained under U.S. immigration law, it can still happen. Furthermore, a detained citizen may still need to put forth a considerable amount of effort to obtain a release. Individuals in this type of situation may want to reach out to California immigration attorneys who could offer assistance in such predicaments. Having a legal advocate could help citizens ensure that their rights are upheld.

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Phone: 650-670-2545
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