- Non-citizens held in detention or incarcerated for willful failure to comply may be referred to Immigration and Customs Enforcement (ICE).
- ICE referral or custody should not deprive non-citizens from the right to be heard in family court. Magistrates can require that they be produced for family court proceedings.
Detention and Immigration Enforcement Referral
- Certain non-citizens, once detained in a local, state or federal jail or prison, may be subject to referral to ICE.
Incarceration can also lead to the denial of immigration benefits and relief
- Any time spent in jail can lead to the discretionary denial of citizenship, permanent residence and other applications for immigration-related relief/benefit, which may lead to the loss of protection from deportation.
- Any immigration benefit that U.S. denied may also impact the immigration status of children or other family members.
