There are two legal tracks for immigrants who find themselves in ICE custody, says Lindsay Marshall, executive director of the Florence Project, a not-for-profit organization that provides free legal consultations to prisoners in ICE custody.

Immigrants caught within 100 miles of the border or who have been in the United States for 14 days or fewer are subject to "expedited removal," Marshall says, a process that typically leads to quick deportation.

These people do not have a case to remain in the United States.

Then there are immigrants with more complicated cases, immigrants who have lived in the United States for many years or are members of mixed-status families (their spouses and/or children are U.S. citizens). Some fear they will be tortured or killed if they return to their home countries.

These cases are heard by federal immigration courts, whose rulings can be challenged to the Board of Immigration Appeals. After that, the government or the detainee can go to the Ninth U.S. Circuit Court of Appeals for a final ruling.

Immigrants held by ICE are charged with immigration violations, presented to them in Notices to Appear, the immigration equivalent of an indictment or civil complaint. The legal process that such immigrants go through is separate from the criminal justice system.

Notices to Appear charge immigrants as arriving aliens, usually asylum seekers or refugees; as present in the United States without legal authorization; or as violators of the terms of their legal entry (including immigrants who had been working here on tourist visas).

Some immigrants find their way into the detention system after criminal convictions or arrests. Immigrants who are convicted of crimes serve their time and then are turned over to ICE, where they continue to be held for immigration violations.

The American Civil Liberties Union says some immigrants who have committed crimes need to be detained, but the group argues that most immigrants in detention pose no threat to society and deserve better than to remain in jail indefinitely while their cases crawl through the system.

Bond is almost impossible for immigrants to get because most do not have an attorney to advocate for them. Judges are not allowed to consider granting bond to detainees with criminal records, even non-violent offenders.

Because of extensions, court backlogs, and the complicated nature of these cases, some can drag on for five years or more.

Activist groups for immigrants, and many immigration attorneys, see detention as a legal sword the federal government holds over immigrants' heads. If immigrants accused of nothing more than being in the United States illegally choose to leave voluntarily, they go free in their native countries. If they don't, they are incarcerated.

"The biggest obstacle [facing detainees]," Lindsay Marshall says, "is making the choice to pursue their rights and fight their cases while knowing they are going to be locked up [for what often turns out to be a long time]."


Immigrant detainees at the Pinal County Jail are isolated from outside contact, unlike detainees at the Florence Detention Center, Florence Correctional, the Central Arizona Detention Center, and the Eloy Detention Center.

Pinal County is the only federal contractor in the immigrant-detention business in Arizona that does not allow its prisoners to go outdoors.

The Pinal County Jail also is the only facility that does not allow prisoners to see family in person.

Leticia is a Guatemalan who spent 21 months in ICE custody, 12 of them at the Pinal County Jail. She was the single mother of two minors, 17 and 8, when she was detained. Both are U.S. citizens.

In January 2009, after living for 20 years in Phoenix, she was taken into ICE custody. Leticia's case is, like most immigrants' cases, full of complications.

She applied for legal status in 1996 and was granted it in 1997. But with the passage of a 1996 immigration law, the rules for earning legal status changed, and a judge retroactively applied the new law to her case, denying her plea to remain in the United States.

The attorney representing Leticia did not specifically challenge the retroactive ruling in his appeal, and the immigration Board of Appeals authorized her deportation in 2002. Her attorney appealed that order and, in 2004, the Ninth Circuit federal appeals court affirmed that she could be deported.

ICE did not take her into custody until January 2009.

The next month, a different attorney filed a habeas corpus petition on her behalf in the Ninth Circuit, arguing that the immigration court got its ruling wrong, her previous lawyer had been incompetent, and deporting her would be a grave injustice for her family, creating orphans the state would have to care for.

While the court considered her petition, Leticia was detained by the federal government and denied contact with her family.

After a couple of weeks in the Pinal County Jail, Leticia asked an ICE agent how long she might expect to be imprisoned.

When Leticia finished explaining the details of her case, the agent looked at her and said, "Cases like yours take seven to 10 years."

Leticia was horrified and considered signing a deportation order to get out of jail. But her teenage daughter, Leslie, wanted to remain in America, so she decided to continue fighting her case.

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697 comments
Monica Dupree
Monica Dupree

Looks Like A New Roman Empire Has Come To Age Along With The Ever Growing Numbers Of Sun Worshippers Growing in Large Numbers In The USA Daily and Around The World And I And Others Do Not Mean Sun Bathing The Christian Religion Is Falling Apart Daily As Well, Sorry To Say But It Does Not Look LIke Things Are Not Going To Get Any Better With The USA Pushing Foward Every Were We Look On Planet Earth....Soon The USA Will Have To Fly A New Flag Of The Old Roman Empire The Stars And Stripes Just Don't Cut It Anymore In Other Countries Around The World. Just look Around More And Read More Everything I stated Could Not Be Anymore True Then It Is Right Now In The 21st Century...To Bad : ( This Is Just My Views On How I See Things And What I Know About History...Sorry If It May Upset Anyone It Is Not Meant To Be Viewed In A Bad Way Or Form. Read More History It Helps

mireeldo moccacio
mireeldo moccacio

Fascist USA violates the human, and civil rights of Legal Permanent Residents.

mireeldo moccacio
mireeldo moccacio

United States is Fascist, and Barbaric when it comes to immigration policy. USA citizens always need to take their frustrations on those without a voice, especially when things are not gpoing well for them. Government is currently rounding up legal residents aliens decades later to deport them. The constitution applies to all. Do not forget that the USA illegaly invaded this country, and stole resources, and land from the natives.

Rbmedia
Rbmedia

Guess what u stupid fuck, they are ILLEGAL immigrants and just because you think they should be able to come here and break our laws then get rewarded with the fruits of our labor doesn't mean they get what you may deam appriopriate accomodations. American prisoners in jain in Arizona live in tents in 120* summer heat just like our troops do in Iraq, so all I can say is tough shit to them. If you don't want to be treated like a lawbreaker don't be one !

d6230
d6230

Does the author have a clue what a "gulag" is? I don't think so otherwise he would have used a different t.erm

Dogbiter
Dogbiter

fred, you obviously don't read new times enough. check their amongst u.s. series. you can access it by clicking on the logo on the left bottom of the front page of their site. monica alonzo wrote a brilliant story on this topic. look down in the list.

Fred
Fred

How about an article on the brutal coyotes (mexican human traffickers) who rob, rape and kill those who have paid them thousands to be taken across the border. But I guess that would'nt jibe with your incessant "it all be whitey's fault" tenor.

Get real! The number one threat to latinos is ..... other latinos!

Amdragon
Amdragon

New Times did a story about that last year, Fred. It was called "Seized," by Monica Alonzo. Go look it up.

truthseeker
truthseeker

How about the criminals on the outside who are in control of taking peoples' rights away under the guise of "illegal" immigrants and whatever the "label-of-the-day" is that inflames an ignorant and bigoted citizenry?

Kcarson
Kcarson

How about staying on point and commenting on this article.

Changing the subject is hardly intelligent conversation.

truthseeker
truthseeker

How about the criminals on the outside who are in control of taking peoples' rights away under the guise of "illegal" immigrants and whatever the "label-of-the-day" is that inflames and ignorant and bigoted citizenry?

Xpndibl
Xpndibl

Again, here we go and call for the "humane" treatment of illgeals.. They come across the borders, comitt more crimes, go to jail and then say "Oh, Woe is Me". Start watching the "Locked Up Abroad" TV show and compare the prisons.. When an American is locked up in these hell holes, where are these people who cry "foul".If we release the illegals early for crimes comitted and deport them to Whereever the hell they came from, they are usually back in our country w/i days if not hours. We need to protect our borders not give them amnesty..

Kcarson
Kcarson

ROTFLMAO

Let me guess, you didn't even read the article, did you?

Your comments are completely off-point and represent an absolute cogency fail.

God bless the wingnuts, they bring humor to our lives.

Tbonshire123
Tbonshire123

you are right this is just terrible,so send them all back to there country of origin and we will figure out who can stay later sounds good to me

tr7fan
tr7fan

i just dont get this as i saw on tv that cca was spending millions of dollars on improvcing there facilities to more of COUNTRY CLUB FOR ILLEGAL ALIENS than anything else

Deany_41
Deany_41

Have you seen other Countries jails and detention centers? Really , really now!

Asdfsdf
Asdfsdf

America sets the standard for the world to follow. We do not examine other countries, especially not impoverished third world ones, to see if we are doing "enough."

We answer to our code of laws and fair play, not theirs.

Don't like - leave.

Bobby
Bobby

Hey, that jail looks like club med, or the san remo sports facility, COMPARED TO THE RAT INFESTED DIRTY CRAP HOLES MEXICO CALLS JAILS. This stuff is almost funny.

Terry6890
Terry6890

I have an idea: If illegal aliens stay in their own country then they will not be jailed for being illegal aliens in America! SIMPLE! Another solution is to just start shooting them instead of taking them to jail.

~K~
~K~

I don't understand how an illegal can fight deportation? what would their defense be? why are we housing, feeding these criminals for even a week? none of this makes any sense.

Guest
Guest

Actually, the United State's economic/agricultural/immigration policies requires the use of "illegal" immigrant labour to harvest and process most of their agricultural production in the south. If you tasked yourself to learn rather than rant, you would soon find out that the border is highly pourous for very specific purposes. You use these people to help you, then, when they are no longer needed, you herd them back over the border, jail them, or hunt them down like animals. Nice.

Acoleman21
Acoleman21

Hahahahahahaha, wow, how accurate........I'm sure you have evidence to prove this, we use immigrant workers, not illegal immigrant workers, big difference, of course some do, but that's not the standard or legal standard anyway-hahahaha thanks for the laugh though

Legal__Immigrant
Legal__Immigrant

.....at $96 a day per inmate - according to may research. Either $59 or $96, it still costs the tax payer ( think property and sales taxes) a great deal of money to house, feed and provide medical support to the illegals.

Brazilonetonil
Brazilonetonil

If you had read the article you commented on you'd understand that "illegals," even those who are true border crossers, have legal defenses available to them against deportation. But that would be too much work, ~K~, and that's why you didn't bother signing your name.

Terry6890
Terry6890

That needs to change. Illegal aliens should have NO rights except the right to be deported home.

Dfgfsdg
Dfgfsdg

Silly wingnut, you have to determine they actually are "illegal" before you deport them for being illegal.

In America, you can't just pick someone off the street, declare summarily declare them deportable and ship them off.

If you don't like America and her laws, feel free to leave.

Next time, read the article, then comment. You'll sound so much less the tool for the extra effort.

Bobby
Bobby

Agree. It's nothing but a waste of money and jobs for leftist lawyers and judges. My Lord, are Americans sick of getting bilked for everything from A-Z..involving illegal foreign nationals. The left is so overboard on destroying this country. They're way ahead of the right on this.

Joe
Joe

Remember: Politicians in arizona make a big profit with the inmigration,because once they get arrested,they are taken to the private jails that belong to The Republicans who make every one bolieve that they hate inmigration. That is the same reason why,they do not want this administration to give any amnesty to those inmigrants, that could means the end of their business,not including all those companies that pay them very low salaries and no benefits,because if they had to hire Americans,they will have to pay better salaries plus benefits. The Republicans support all those Sub-Contractors,so they hire those inmigrants,and of course they are all making a lot of money. The Republicans are "so worried" about the border security,like never before(it is all Bull Shit) any way,they never cared about it. If terrorists were crossing that border,then we are packed with terrorits already. When Bush was the president they never pressured him so much as they doing now to Mr.Obama.

Federale
Federale

There is no requirement for relief from removal that "been a positive influence in his or her community."

Any person, not just asylees can apply for relief from removal under the Convention Agaisnt Torture.

Does the ACLU have any evidence that no detainee has ever filed a frivilous complaint? Whom are you kidding? They sit arround all day and have nothing to do but write complaints. I think it is clear that after reviewing all the complaints, the ACLU did not produce all of the complaints for review by the readers of their alleged report.

Federale
Federale

More lies from the illegal alien advocacy "journalists." First lie: NTAs are served on arriving aliens and those aliens charged in the U.S. NTAs are not "usually asylum seekers or refugees." Only a small minority of aliens charged in the system make a claim as asylees. Note that refugees are processed and authorized to enter the U.S. overseas. Asylees are those who claim persecution overseas but are in the U.S. when making that claim. Refugees make claims of persecution while overseas and have those applications adjudicated overseas.

Lie number 2: "Bond is almost impossible for immigrants to get because most do not have an attorney to advocate for them. Judges are not allowed to consider granting bond to detainees with criminal records, even non-violent offenders." All of that is incorrect. Most aliens are released to await their hearing before the Executive Office for Immigration Review (EOIR). All aliens, including those with criminal convictions are eligible for bond and many with criminal convictions are released without bond because of a shortage of space in ICE facilities. Bond is granted not only by the EOIR hearing officers but also by ICE. An alien does not have to have an attorney to obtain bond, bond is routinely provided to most aliens arrested and each alien arrested is so notified in writing.

Aliens in custody are not denied contact with their families. Aliens have access to telephones and can have family visitors at the custody facility.

This all just on one page of the badly written and poorly researched article.

El Facto
El Facto

for a guy accusing someone of lying, you sure seem to be stretching the truth a bit

"Aliens in custody are not denied contact with their families. Aliens have access to telephones and can have family visitors at the custody facility."

No one said aliens are denied contact with their families. The article rightly points out that PCJ is the only ICE facility in AZ that doesn't allow immigrants contact visits and that phone calls are outrageously expensive. So go fuck yourself.

Federale
Federale

No, the article specically stated that aliens were denied contact with their family. Get your "el factos" correct boefore you make a fucking fool of yourself. I guess a moron like you cannot read English.

Terry6890
Terry6890

Fuck em! If they weren't here illegally they wouldn't have these problems. DEPORT ALL ILLEGAL ALIEN SCUM!

john
john

Who is the idiot doing this story !!!

They forgot the word illegal!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

steff_ak47
steff_ak47

So this makes Christopher Columbus, also an illegal??Meaning all americans illegal? Christopher didnt discover America, because its was already natives land.

Terry6890
Terry6890

YOU really can't be that stupid? YOU just can't be.

john
john

Then they get sent back to Mexico and then pay drug lords to get them back ( because its against the Law !!!) and over and over . They dont have any idea that its breaking our Laws , we need to lock up our Law makers with them and ship them all out !!!!!!!

....When did illegal immigrant become known as immigrant , how are they confused so easy by the press. What a bunch of idiots!!!!!!!!!!

steff_ak47
steff_ak47

There wouldnt be druglords, if it wasnt for americans sniffing up all the cocaine LOL

Jack Seift
Jack Seift

You know when some fool calls himself "angryamerican" or "real patriot" that you're going to get some racist shit. Funny how right-wing retards think that they are the only real Americans.

angryAmerican
angryAmerican

Wow! That place is way too nice for all those illegal aliens... I say we establish another tent city and let them reside there if they desire to fight deportation... After all, its good enough for American citizens I say its good enough for them and anyone else who wants to blatantly violate our laws... What say you America?

steff_ak47
steff_ak47

Listen, you racist fucktards, just because Now its america, doesnt mean it was always America. You ''AMERICANS'' came here illegally and took over which at first made you the ALIENS, and took over the NATIVE land.Besides, Arizona,California,New Mexico,Nevada,and Texas were all mexican land before it became american territory, so study your history,before you go and make racist comments.You were also aliens at one point.

Terry6890
Terry6890

CRY ME A RIVER! YOU are an idiot. Why don't YOU leave with all the illegals moron? You have to cry racism because YOU know there is NOT ONE VALID REASON WHY America should reward illegal alien criminal roaches with amnesty for coming here illegally and breaking our laws. All illegal aliens need to be deported or shot on sight.

Johnqpublic
Johnqpublic

Hey, I got a good solution, STAY THE HELL IN MEXICO!

Darkitec
Darkitec

I guess that they shouldn't have broken into the country ILLEGALLY. There is a reason that detention centers, jails and prisons are not build like a resort or a country club. These people have committed a crime, they are not on vacation. If they don't like living in the jail they can cross the border legally or they can stay at home.Now as for Mr. Gregory Pratt, Please pull your head out of your butt, and get the facts correct. Legally visiting this country and immigrating to this country and Illegally crossing the border are not the same thing.

Kcarson
Kcarson

im·mi·grant/ˈimigrənt/Noun1. A person who comes to live permanently in a foreign country.

Nothing about legal, illegal or unauthorized.

How dumb do you have to be to challenge someone else's word choice without even consulting the dictionary.

Pratt and the PNT used the words correctly, unless you aren't as smart as a fifth-grader ...

Terry6890
Terry6890

No matter how you want to say it or what words you want to use all illegal alien monkeys need to be deported. If you cannot see that you must be stupid.

Asdfasfd
Asdfasfd

Perhaps he is, but at least he's not a racist like you.

"alien monkeys."

Jeeze.

 
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