FCA Article 8 - Family Offenses

Civil Contempt & Incarceration

  • 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.