Contempt & Incarceration

This module provides information on how incarceration exposes anyone who is not a U.S. citizen to detection by Immigration and Customs Enforcement, and potentially, to deportation.

  • The willful failure to obey a state court order may result in a jail term.
  • Incarceration for any length of time can also serve as the basis for denying an immigrant many forms of benefits and relief from deportation.
  • Whenever a family court litigant is arrested on a family court warrant or incarcerated due to family court contempt, they are exposed to Immigration and Customs Enforcement (ICE) and a range of immigration consequences.
  • Pursuant to Executive Order 13678, undocumented immigrants who are incarcerated for any reason may now be priorities for deportation. Immigrants with lawful immigration status who are incarcerated AND have violated an order of protection or have certain criminal convictions may also be priorities for deportation.

Click here for the complete guide on Orders of Protection.

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