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The Difference Between a Detained & Non-Detained Immigration Arrest

If you fear getting detained from ICE and deported to your country of origin, it is vital to understand how ICE works and what the process is after getting detained. However, there are some cases when non-U.S. citizens aren’t detained and released from ICE. Our Dallas immigration attorneys explain the difference between a detained and non-detained immigration arrest.

Detained Vs. Non-Detained

ICE’s Enforcement and Removal Operations (ERO) division is in charge of overseeing the nation’s civil immigration detention system. They ultimately determine whether a non-U.S. citizen should remain detained or non-detained. If they believe that a person needs to remain under custodial supervision, they place them in a detention facility where they are “detained.” However, some are released from secure custody--making them “non-detained.”

A person can get released from a detention center if they are able to post bail to ensure that ICE will be able to locate them throughout their entire immigration court proceeding. Even after being detained, the ERO continues to closely monitor detained and non-detained cases until the judge’s order.

Challenging an Immigration Detention

If ICE decides to keep an individual in custody or sets a bond that they can’t afford, a person can ask the immigration judge to order a release or a reduction of the bond amount. You may present your case orally, in writing, or at the immigration court’s discretion. However, you should seek counsel with an immigration attorney before challenging your immigration detention. An attorney can analyze your case and can help you determine what is best for the overall outcome.

Dallas Immigration Lawyers: (214) 516-7776

If you or your loved one have been detained by ICE, there is a possibility to get released or to reinstate yourself to become a permanent resident. Our team at Perdomo Dorsett Immigration Law is dedicated to helping families throughout Dallas with their removal and deportation cases. We know that deportation cases are overwhelming and daunting. That is why we are here to help you from beginning to end.

Contact our Dallas deportation defense attorneys today at (214) 516-7776 to schedule a consultation!

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Our Firm History

  • Tyler Dorsett Passes Bar
  • Tyler Dorsett Joins Catholic Charities
  • Tyler Dorsett Joins Immigration Group LLC
  • Luiggi Perdomo Passes Bar
  • Luiggi Perdomo Joins The Pablo Hurtado Law Firm
  • Luiggi Perdomo Joins the Immigration Group LLC
  • Perdomo Immigration Services Founded
  • Tyler Dorsett Starts Dorsett Immigration Law
  • Luiggi Perdomo & Tyler Dorsett Start Perdomo Dorsett Immigration Law

Client Testimonials 

Helping Individuals and Families Since 2016
  • “Mr. Perdomo is hands down the best. Him and his associates have recently helped me achieve my life long dream!”

    - Jesus Reyes
  • “My case was approved thanks to this firm. Highly recommend!! Thank you Dr. Dorsett!”

    - Tayna Castro
  • “They understand your pain of being away from your family and always explain step by step what's next, which I loved.”

    - Elizabeth Peña Olalde