Arrest of Non-Citizens in the United States

Published on
September 12, 2023

When a non-citizen is arrested on U.S. soil, the situation takes on unique legal dimensions due to the intersection of criminal and immigration law. It's essential to be aware of the potential consequences that may unfold during and after the arrest process. 

1.Arrest and Criminal Proceedings 

Upon arrest, non-citizens are subject to the same legal procedures as citizens. This includes being informed of their rights, such as the right to remain silent and the right to an attorney. The arrested individual is then processed through the criminal justice system, which involves booking, arraignment, and potential bail hearings. 

2.Immigration Detainers 

One crucial distinction for non-citizens is the possibility of an immigration detainer. If Immigration and Customs Enforcement (ICE) suspects that an arrested individual may be subject to immigration enforcement, they may issue a detainer. This request asks local law enforcement to hold the individual for an additional 48 hours beyond their release date, giving ICE time to take them into custody. 

3.Impact on Immigration Status 

The arrest and subsequent criminal conviction of a non-citizen can have severe repercussions on their immigration status. Certain crimes can lead to deportation or render individuals ineligible for certain immigration benefits. It's imperative to have a legal advocate who understands the intricacies of both criminal and immigration law to navigate this challenging landscape. 

4.Legal Representation 

Non-citizens facing arrest must prioritize obtaining legal representation experienced in both criminal defense and immigration law. An attorney well-versed in these areas can provide comprehensive guidance, protecting the individual's rights and interests throughout the process. 

5.Possible Outcomes 

The outcomes of an arrest for a non-citizen can vary widely. It's essential to have legal support that can negotiate on behalf of the individual to potentially reduce charges, minimize penalties, or explore alternatives that may prevent immigration consequences. 

Navigating the legal complexities that arise when a non-citizen is arrested in the U.S. demands a comprehensive understanding of both criminal law and immigration regulations. At ATLAW, we specialize in providing the support and guidance needed during these intricate situations. 

Our experienced legal team is here to safeguard your rights and interests. Contact ATLAW today for a confidential consultation. 

Disclaimer: The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. For personalized legal guidance tailored to your specific situation, please consult with our knowledgeable attorneys.

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